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TEST  TARGET  (MT-S) 


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1.4    IIIIII.6 


Photographic 

Sdences 

Corporation 


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33  WEST  MAIN  STREET 

WEBSTER,  NY.  14580 

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U.x 


CIHM/ICMH 

Microfiche 

Series. 


CIHIVI/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


:\ 


<V 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The 

to  tl 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommag^e 

Covers  restored  and/or  laminated/ 
Couverture  restaur^e  et/ou  pelliculde 

Cover  title  missing/ 

Le  titre  de  couverture  manque 

Coloured  maps/ 

Cartes  g6ographiques  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
Reli6  avec  d'autres  documents 


n 


n 


D 


Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

Lareliure  serr^e  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  int^rieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
11  se  peut  que  certaines  pages  blanches  ajouties 
lors  dune  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  6tait  possible,  ces  pages  n'ont 
pas  iti  film6es. 

Additional  comments:/ 
Commentaires  suppldmentaires: 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  6t6  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  mdthode  normale  de  filmage 
sont  indiquds  ci-dessous. 


I      I    Coloured  pages/ 


Pages  de  couleur 

Pages  damaged/ 
Pages  endommagdes 

Pages  restored  and/oi 

Pages  restaurtSes  et/ou  pelliculdes 

Pages  discoloured,  stained  or  foxet 
Pages  d^color^es,  tachet6es  oj  piqu^es 

Pages  detached/ 
Pages  ddtach^es 

Showthrough/ 
Transparence 

Quality  of  prir 

Quality  in^gale  de  (impression 

Includes  supplementary  materi: 
Comprend  du  materiel  supplementaire 

□    Only  edition  available/ 
Seule  Edition  disponibh 


r~~|  Pages  damaged/ 

I      I  Pages  restored  and/or  laminated/ 

r~~l  Pages  discoloured,  stained  or  foxed/ 

I      I  Pages  detached/ 

r~\  Showthrough/ 

I      I  Quality  of  print  varies/ 

□    Includes  supplementary  material/ 
Come 


The 

POS! 

of  tl 
film 


Orig 

beg 

the 

sion 

othc 

first 

sion 

or  il 


The 
shal 
TINI 
whi( 

Map 
difff 
entii 
begi 
righi 
requ 
metl 


D 


disponible 

Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  iti  filmSes  d  nouveau  de  facon  d 
obtenir  la  meilleure  image  possible. 


This  Item  is  filivied  at  the  reduction  ratio  checked  below/ 
Ce  document  est  film6  au  taux  de  reduction  indiqud  ci-dessous. 
10X  14X  ifly 


90V 


y 


12X 


16X 


20X 


24X 


28X 


] 


32X 


The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 


Library  of  the  Public 
Archives  of  Canada 


L'exemplaire  film6  fut  reprodult  grdce  d  la 
g6n6ro' '^t6  de: 

La  bibliothdque  des  Archives 
publiques  du  Canada 


The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  ^4^  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 


Les  images  suivantes  ont  6t6  reproduites  avec  ie 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettet6  de  l'exemplaire  film6,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprimde  sont  film6s  en  commenpant 
par  Ie  premier  plat  et  en  terminant  soit  par  la 
dernidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  Ie  second 
plat,  selon  Ie  cas.  Tous  les  autres  exemplaires 
originaux  sont  fiimds  en  commenpant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboies  suivants  apparattra  sur  la 
derncdre  image  de  cheque  microfiche,  selon  Ie 
cas:  Ie  symbols  -^>  signifie  "A  SUIVRE",  Ie 
symbols  y  signifie  "FIN  ". 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
filmds  d  des  taux  de  reduction  diffdrents. 
Lorsque  Ie  document  est  trop  grand  pour  dtre 
reprodult  en  un  seul  ciichd,  il  est  film6  d  partir 
de  I'angle  supdrieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  Ie  nombre 
d'images  ndcessaire.  Les  diagrammes  suivants 
illustrent  la  mdthode. 


1 

2 

3 

1  2  3 

4  5  6 


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3 


27th  C 
3d  i 


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A  repor 


To  the  I 

I  here 
ter  addrt 
Commiss 
tween  th 
province; 
to  the  31 
■the  St.  C 


Wa 


SH] 


..^-STjcusiuKss;*: 


Sir:  \ 
surveying 
inafter  sp 

1.  The 
ilate. 

2.  A  pi 
as  survey! 

3.  Ape 


\\ 


'  I 


*4n« 


mSSm.  -■  I  - 


*  l' 


27th  Congress, 
3d  Session. 


T)oc.  No.  31. 


Ho.  OP  Rupf . 

Executive. 


BOUNDARY  BETWEEN  MAINE  AND  NEW  IIAMPSH[RF 
AND  THE  ADJOINING  BRITISH  PROVINCES 


IWESSAGE 


FnOH 


THE  PRESIDENT  OF  THE  UNITED  STATED 


THANSMITTIXO 


A  report  of  the  Board  of  Commissioners  appointed  to  survey  the  North. 

eastern  boundary/.  ^        ^^orm. 


April  12,  1842. 
Referred  to  the  Committee  on  Foreign  AfT^irf. 

December  29,  1842. 
Ordered  to  be  printed. 

To  the  House  of  Representatives  of  the  United  States  • 

ier^^:^'::':^%z:!:^x:i^rr''''''  copies  or  a  ,et. 

Commissioners  appoint    o  ex Dlori.nH^'  '''Tf  ""^  '^'  «°«'d  of 
tvveen  the  Statesof Maine    nd  N^v  H^sire'Li'?.'^'";^-^^^  ''"^  ^" 
provinces,  together  with  the  reno,    of  thf '        f""^  the  adjoining  British 
to  the  31st  ultimo,  and  apron  6*^0    thlmprT'^'r^'r'  '''"*  ^^'^'nission 
■Che  St.  Croix  river,  as  lar^^l^-^!^  Zll^'-^^T^^^^l  ^^"^^^  '' 

Washixcton,  ^pril  7,  1842.  "^^"^  TYlER. 


Department  of  Statf 

inafter  specified,  viz :  '^'  "anded  you  the  papers  here- 

^^1.^  The  report  of  the  operations  of  the  Commission  up  to  the  present 

2.  A  prof   J  of  the  meridian  line  of  the  source  of  <ho  ^t   n     ■ 
■^s  surveyed  intended  to  illustrate  the  report  ^'  ^''  ^^^'•'''  ''  ^'^ 

^.  A  portfolio  of  drawings  intended  fo?the  same  purpose. 


jl*  B6c.  No.  31. 

4.  A  roll  marked  appendix  No.  1,  containing  the  narrative  of  the  field: 
operations  of  the  division  of  Professor  Renwick. 

5.  A  tin  case  containing  the  detail  of  the  surveys  of  the  division  ol  Fro- 

fessor  Renwick. 

In  reply  to  your  inquiry  in  relation  to  the  disposition  of  the  said  papers^ 
1  am  directed  respectfully  to  suggest,  that  all  which  is  absolutely  neces- 
sary to  lay  before  Congress  are  the  items  1  and  2,  which,  with  a  general 
map  now  in  preparation,  will  contain  all  that  will  be  of  any  general  pub- 
lic interest.  n     ^t     r    u     u 

The  portfolio  No.  3,  and  the  box  of  maps  and  profiles  No.  5,  should  re- 
main on  file  in  the  Department;  and  while  a  part  of  the  drawings  in  the 
former  may  be  useful  for  illustration,  the  latter  will  be  superseded  by  the 
|;eneral  map,  in  whieh  will  bo  imbodied  all  that  they  contain  of  impor- 
tance to  the  question  at  issue.  .    . ,    u 

\ppendix  No.  1,  specified  as  No.  4  in  the  above  list,  will  probably  be 
demanded  hereafter,  to  give  authenticity  to  the  conclusions  of  the  report 
No.  1.  It  ought  not,  however,  to  be  communicated  until  the  appendices 
Nos  2  and  3,  containing  the  operations  of  the  divisions  of  Messrs  Graham 
and  Talcott  are  handed  in  ;  and  of  the  thiee  no  more  than  a  limited  num- 
ber  of  copies  will  be  useful.  ,     ,.     . 

I  have  the  honor  to  be,  with  much  respect,  your  most  obedient  servant, 

JAS.  RENWICK,  Chairman. 

Hon.  Daniel  Webster, 

Secretary  of  State. 


Report  of  the  Commissioners  appointed  by  the  President  of  ,he  United 
States  for  the  purpose  of  surveying  and  exploring  the  boundary  lint 
between  the  States  of  Maine  and  Neiu  Hampshire,  and  the  British 
Provinces. 

Washington,  March  28,  1842. 
Sir  :  The  duties  assigned  to  the  undersigned,  by  the  instructions  of 

your  predecessor,  were  two-fold.  ji,«K«r«« 

1st:  To  explore  and  survey  the  lines  respectively  claimed  by  the  Gov- 

frnmentsot  the  United  States  and  Great  Britain.  .      ,  .    ,. 

•»d    To  examine  and  report  upon  the  arguments  contained  in  the  report 

o.  Messrs.  Featherstonhaugh  and  Mudge,  addressed  to  the  ^ecretary  o; 

Sute  of  lUv  Britannic  Majesty  for  Foreign  Affairs,  under  date  o»  Ibtt 

'^*r  in  order  to  the  more  exact  and  successful  performance  of  the  dutie 
included  under  the  first  of  the  above  heads,  the  boundary  line  was  divided 
bv  tlieir  instructions,  into  three  separate  portions,  one  of  which  was  as 
siVned  to  each  of  the  CommiBsioners;  and  while  they  were  instructed  t( 
asse-nhle  in  a  board  for  the  purpose  of  comparing  their  respective  sur 
veys  in  view  of  the  performance  of  the  duties  included  in  the  second  o 
ihe  above  divisions,  their  explorations  have  been  separately  conducted 
Each  of  the  Commissioners  hai  employed  the  methods  f  "d  ^ou^-^e  ol^  ac 
tian  most  appropriate,  in  his  opinion,  to  the  successiui  lUn.xJnent  o=  ^i 
appointed  task ;  and  the  nature  of  the  surveys  assigned  to  one  of  them  ha 
been  of  a  character  widely  different  from  those  of  his  colleagues.     Ih; 


Comroii 

gress  m 

to  subm 

rations, 

as  they 

which  t 

The] 

enable  I 

1st    J 

2d.  / 

States,  ' 

,  JSlessrs. 

the    ha' 

H  sul     obt 

ed  error 

for  the«i 

iting  th£ 

J.  De 

of  Maim 

4  cal  struc 

?lel  toth( 

■  These  ri 

:*  scot,  ma; 

Mhe  nort 

territory 

tary  posi 

still  mor 

at  a  poin 

and  aboi 

■nhen  th 

the  5th  i 

witli,  wo( 

from  Pai 

Ipresent  i 

northeasi 

the  view 

pf  positic 

Rewards 

S^atahdin 

a  dire 

bs  idea 

|ne  claii 

4)pear  tv 

mt  as  th( 

fe  sour 
reat  Br 
^videntlj^ 
Dears  tne 

"^  *  A  sketc 
yain  system 
lalso  submitl 


ve  of  the  fields 

ivi»ion  of  Pro- 

le  said  papers^ 
jolutely  neces- 
vvith  a  general 
y  general  pub- 

0.  5,  should  re- 
rawings  in  the 
irseded  by  the 
itain  of  impor- 

ill  probably  be 
3  of  the  report 
he  appendices 
^lessrs  Graham 
a  limited  num- 

edient  servant, 
Chairman. 


.n 


'  of  the  United 

boundary  line 

ud  the  Briiiah 


ch  28,  1842. 
instructions  of 

led  by  the  Gov- 

}d  in  the  report 
he  Secretary  o: 
er  date  of  16tl 

ce  of  the  dutie 
ne  was  divided 

which  was  as 
re  instructed  t( 

respective  sur 
in  the  second  o 
itely  conducted 
id  pourse  of  ac 

one  of  them  ha 
>lleagues.    Th 


Doc.  Xo.  31.  g 

Commissioners,  therefore,  while  uniting  in  a  genferal  report  of  the  pro- 
gress  made  up  to  this  time  in  the  duties  of  their  appointment,  beg  leave 
to  submit,  in  the  form  of  appendices,  the  narrative  of  their  several  odp. 
rations,  with  so  much  of  the  records.of  their  observations  and  calculations 
asthey  have  severally  judged  necessary  to  authenticate  the  conclusions  at 
which  they  have  arrived.  '""oai 

The  progress  which  has  been  made  in  the  labors  of  the  Commissioners 
enable  them,  at  this  time,  to  lay  before  you—  •""sioners 

Ist  A  description  of  the  physical  features  of  the  disputed  territory 
2d.  A  comparison  of  the  heights  of  the  line  claimed  by  the  United 
S  ates,  WMth  those  ol  the  line  styled  the  "axis  of  maximum  elevation  »  bv 
JNIessrs.  Featherstonhaugh  and  Mudge.  In  laying  the  latter  before  vou 
the  have,  in  order  to  avoid  delay,  made  use,  in  part,  of  the  published  re' 
fluh.  obtained  by  those  gentlemen;  and  althoL-gh  they  have  already  detect- 
ed errors  in  their  inferences,  they  do  not  consider  that  by  accepting  them 
for  the-moment  as  the  basis  of  comparison,  they  can  be  accused  of  exhib- 
iting  the  line  claimed  by  Great  Britain  in  an  unfavorable  light 

1 .  Description  of  the  disputed  territory.- Vhe  sea  coast  of  the  State 
of  Maine  is  rugged  and  hilly.     The  primitive  rocks,  of  which  its  geolog  ! 

I  cal  sti-ucture  is  chieHy  composed,  are  broken  into  ridges  which  run  parSl- 
Je    to  the  great  streams,  and  therefore  in  a  direction  from  north  to  south 

^  These  ridges  terminate  in  a,j  irregular  line,  which,  to  the  east  of  the  Penob- 
scot,  m^  be  Identified  ne^irly  with   the  military  road  to  HoultoM.     From 

I  the  northern  summit  of  these  ridges,  an  exfensive  view  of  the  disputed 

:  territory  can  ,n  many  places,  be  obtained.     This  is  the  case  at  the  mili- 
tary post  at  Houlton,  whence  a  wide  extent  of  country  may  be  seen.     A 
still  more  perfect  view  may  be  obtained  from  the  summit  of  Park's  hill 
at  a  point  about  400  yards  south  of  the  road  from  Houlton  to  Woodstock; 
and  about  half  a  mile  east  of  the  exploring  meridian  line.     At  the  time 

Th.  "ih      r  'r  7'7  '""  ^'^  '^'  ^'■'^'^^  «"^  A'««'-'^«"  surveyors,  under 
he  5th  article  0    the  treaty  of  Ghent,  the  top  of  this  hill  v.L  covered 

fomP?^k';'h  '^'{-T''  "^''Sed  to  content  themselves  with  the  view 
■irom  Pa.k  s  barn  which  is  at  least  200  feet  beneath  the  summit.  At  the 
.p  e  ent  moment  the  atter  is  cleared,  and  the  view  from  west-south-wes  to 
iiortheast  IS  unimpeded  except  by  a  single  clump  of  trees,  which  cuts  off 
the  view  lor  a  lew  degrees  in  the  northwest  direction  ;  but,*  by  a  change 

^^TT.l  ^''"^  P'''  '^  '^"^  ♦^^^'^^^  '^^tween  these  points  s  to  be  seen! 
rowards  the  west  are  seen  ridges  parallel  to  the  Penobscot,  oveVwhich 
Ka  ahd.n  towers  to  a  great  height,  bearing,  by  compass,  north  85°  west 

tasitni  rr^'V^  1^°^'^^^  '''  ''^^  '^'^  distant^>eaks,  one  of  S 
InP  1      A  ^'n^  Traveller.*     All  of  these  eminences  1  e  south  of  the 

Ipea  twoli^  ^"'^'":  /"  the  north-north-west  direction  the^o 
Hf!!  ti  A  ^f"!^  comparatively  small  elevation,  which  were  pointed 
Te  itlt'Tl'^^TT''''''^  ^"'  *'^^^  ^'"^e  been  ascertained  to  lie  near 

fi^at  Cain  n  1S.?*'^r"?'''^S-.  '^^''^  ''^  ^"  '^'  ^»"^  ^^^^^^^  »>>• 
Ividpnt^l  nl  ^     Between  these  and  the  other  mountains  there  is 

2e  rJ"  e  asoect"or'°"  '  TV^'  ''''  'J  '^'  ^°""*^>''  "^  '''''  ^'°'"  ^^e  hill, 
oear^ne^spect  ol  a  wooded  plain.     It  will  be  sufficient  to  refer  to  this 

lain  ^£rl7!h^S,:J::/lS«'V:°  £ -^^  theg«at  »o«„- 

jalfio  subminej.  ^  flietch  of  the  saine  terminauoD,  as  seen  from  the  north,  is. 


i  Doc.  No.  31. 

view  to  be  satisfied  that  all  the  impressions  which  have  been  circulated  of 
a  continnous  chain  of  elevations,  extending  along  the  line  claimed  by 
Great  Britain,  are  utterly  fallacious. 

Towards  the  north  the  country  exhibits  the  same  general  features. 
One  vast  and  apparently  unbroken  plain  extends  to  the  utmost  limits  of 
the  visible  horizon.  In  the  midst  of  this,  and  at  a  distance  of  nearly  30 
miles,  Mars  hill  alone  breaks  the  monotonous  prospect,  and  from  its  iso- 
lated position  assumes  to  the  eye  an  importance  to  which  its  altitude  of 
less  than  1,800  feet  would  not  otherwise  entitle  it.  No  other  eminences 
are  to  be  seen  in  this  direction,  except  a  round  peak  bearing  a  few  degrees 
west  of  north,  and  some  distant  ridges  about  an  ecjuai  distance  to  the  east. 
The  first  of  these  has  been  ascertained,  by  the  surveys  of  Major  Graham, 
to  be  an  isolated  hill,  near  the  peak  known  as  Quaquajo.  The  eastern 
ridges  are  probably  those  measured  between  the  Tobique  and  the  Bay  of 
Chaleurs  by  the  British  Commissioners.  A  sketch  of  this  view  from 
Park's  hill  is  annexed  to  the  report;  and,  lest  any  doubt  be  entcltained 
of  its  accuracy,  it  is  proper  to  state  that  the  unassisted  vision  was  not 
relied  upon,  but  that  the  outlines  were  carefully  delineated  by  means  of 
the  "camera  lucida." 

From  this  view,  it  might  be  inferred  that  the  northern  part  of  the  admit- 
ted possessions  of  the  United  States,  to  the  east  of  the  Penobscot,  iind  the 
disputed  territory,  as  far  as  visible,  constitute  a  vast  table  land  slightly 
inclined  towards  the  southeast. 

On  descending  into  the  valley  of  the  St.  John,  the  appearances 
change.  The  table  land  is  cut  to  a  great  depth  by  that  stream,  and  from 
its  bed  the  broken  edges  of  the  great  plain  look  like  ridges,  whose  height 
is  exaggerated  to  the  senses  in  consequence  of  their  being  densely  clothed 
with  wood.  The  same  is  the  case  with  all  the  branches  of  this  river, 
which  also  cut  the  table  land  to  greater  or  less  depths  according  to  their 
distance  from  the  stream  into  which  they  discharge  themselves. 

The  want  of  a  true  highland  or  mountainous  character  in  this  region 
is  obvious  from  the  aspect  it  presents  in  the  two  different  points  of  view. 
Mountainous  regions  are  most  imposing  when  seen  from  a  distance,  and 
from  heights.  On  a  nearer  approach,  and  from  the  valleys  which  inter- 
sect them,  the  elevations,  so  important  in  the  distant  yiew,  are  hidden  by 
their  own  slopes,  or  lose  the  appearance  of  relative  elevation  in  conse- 
quence of  the  absolute  heights  of  the  valleys  themselves.  In  conformity 
with  this  character,  the  line  claimed  by  the  United  States  for  the  most 
part  presents,  when  seen  at  a  distance,  the  appearance  of  lofty  and  deep- 
ly serrated  ridges,  while,  to  one  who  traverses  it,  it  is  a  labyrinth  of  lakes, 
morasses,  and  short  but  steep  elevations,  which  hide  its  peaks  from  the 
valleys  and  streams. 

The  line  claimed  by  Great  Britain,  on  the  other  hand,  when  seen  frotn 
a  distance,  is  as  level  as  the  surface  of  the  ocean,  with  no  greater  appear- 
ance of  elevation  and  depression  than  would  represent  its  billows.  While 
seen  from  its  own  valleys,  the  heights  assume  an  importance  which  their 
elevation  above  the  valleys  when  actually  measured  does  not  warrant. 
The  characteristics  of  the  region  throuah  which  the  line  of  Messrs^ 
Mudge  and  Featherstonhaugh  passes  are,  therefore,  the  opposite  of  those 
asually  remarked  in  highland  countries ;  while  those  of  the  line  claime.l 
by  the  United  States  are  the  same  as  are  always  observed  in  such  re- 
gions. 


being  b 


Doc.  No.  31, 


en  ci'rculafed  of 
ine  claimed  by 

sneral  features, 
utmost  limits  of 
ce  of  nearly  30 
nd  from  its  iso- 
1  its  altitude  of 
tther  eminences 
iga  few  degrees 
nee  to  the  east. 
Major  Graham, 
.  The  easterrj 
and  the  Bay  of 
this  view  from 
be  enteltained 
vision  was  not 
ed  by  means  of 

rt  of  the  admit- 
lobscot,  knd  the 
e  land  slightly 

le  appearances 
ream,  and  from 
s,  whose  height 
densely  clothed 
s  of  this  river, 
ording  to  their 
:lves. 

■  in  this  region 
points  of  view, 
a  distance,  and 
's  which  inter- 
,  are  hidden  by 
ition  in  t")  ise- 
Fn  conformity 
s  for  the  most 
lofty  and  deep- 
yrinth  of  lakes, 
)eaks  from  the 

k'hen  seen  from 
greater  appear- 
illows.  While 
ce  which  their 
3  not  warrant, 
nfi  of  Messrs^ 
posite  of  those 
le  line  claimed 
id  in  such  re- 


.      This  character  of  a  table  land  deeply  cut  by  streams  is  well  exhibited 

f  in  the  section  of  their  «  axis  of  maximum  elevation  "  by  the  British  Com- 
roissioners.      n  that  will  be  seen  the  mountains  near  the  source  of  the 

^Aroostook,  Allegash  and  Penobscot  on  the  one  hand,  and  of  the  Tobique 
on  the  other,  while  the  intervening  space  is  occupied  by  a  curve  res^- 

>bhng  an  inverted  arch  of  which  the  St.  John  occupies  the  keystone. 
Jn  a  country  of  this  character,  any  line  whatever  would  present  the  an- 
pearance  of  a  succession  of  eminences,  and  might,  by  as  liberal  a  con- 
struction of  the   erm  as  has  been  made  by  Messrs.  Mudge  and  Feathers- 

■tonhaugh,  be  called  highlands.  ' 

.  .flm  '*'" n"^''  ^^  *'"'  gf"^'-^' character  is  broken  only  by  a  single  chain 

of  hil!.*     1  his  ,s  a  prolongation   of  Mars  hill  towards -the  north,  and, 

being  both  ot  less  height  and  breadth  than  that  mountain,  is  hidden  bv  it 

irom  the  view  of  a  spectator  on  Park's  hill.     Mars  hill  is  itself  an  isola- 

♦ted  eminence,  and  is  in  fact  nearly  an  island  ;  for  the  Presqu'  Isle  and 

i..s,.gu.t  rivers,  running  the  one  to  the  north  and  the  other  to  the  south 

of    t  have  branches  which  take  their  rise  in   the  same  swamp  on  its 

BO.  Ih western  side      To   the   norUi  of  the  Des  Chutes  the  groZ.l  agl 

ises,  and,  although  cut  by  several  streams,  and  particularly  by  the  Arooi" 

iook   the  chain  ,s  prolonged  by  isolated  eminences  as  far  as  (he  White 

rapids  below  the   Grand    falls  of  the   St.   Joh      where   U  crosses  that 

rtlV\  •     '"?u    w''^  be  traced  in  a  northern  dirt-ction  to  the  Su-ar  Loaf 

mountain  on  the  Wagansis  portage,  where  it  terminates. 

lo  this  broken  chain  belongs  the  elevation  of  918  feet,  given  bv 
Messrs  Mudge  and  Featherstonhaugh  to  an  eminence  in  the  neighbo,^ 
hood  of  the  Aroostook  falls.     An  ace  J|p   profile  of  so  many  of  the 'e 

fnS      TlwJ'  '  •"  ')'  '"'  '^  '^'  ^°*^^'  '"^^•^'-  -  herewith  sub 
jn.tted.      I  his  chain  of  eminences  is  not  prolonged  to  the  westward   as  it 

^oTn'la^^in-Sdirtfion'.'^  ^"^  "^^'-  '^'-^^-^P^'-^-^  ^  thrnie^^of 

4hiVoun?rV" '?''"'•'  ^  "^r^'^S  '■'^^^'  ^^'"^  '^"t  hy  all  the  streams  i» 
Srooslook^'  '"  ''"''''"^'''  ''  '  S'eat  depth  by  the  St.  John  and  the 

er  "lnder^hp'Ll!"'rT  'T  F'^^  '"  ^  '"P°^*  *°  ^he  British  Commission- 
*he  surviv^,  In  '  r  ?!  ^^'  ^'^''y  °^  ^'^^"^  ^y  Colonel  Bouchette, 
^rn  ined  bv  ?h.  r  '^''''  n''""''  "^  ^^"^^^-  ^^'^  '^^^^hts  were  de^ 
Son  ml.  ^. if  ''"'^°'"^t^;'  f»^  estimated  from  the  assumed  level  of  the 
J»onument  at  the  source  of  the  St.  Croix. 

ac  urr'andTh^lT'V'-'!  '^'  '''''°"  "^  ^^'^^^^  Bouchette  is  very  in- 
Snd  the'  tr  .M.  h  .f  ''L^''*'  «s  reported  by  him  are  not  only  much  he- 
ft he  ountv'fV.  f  '^'  continually  ascending  slope,  ascribed  by  him 
lint  whrr^h'  ?  ^  '  '"^""^cnt  at  the  source%f  the  St.  Croix  to  the 
Sous  He  hoi  'T^'.  ''""  ''''''''  '^^  St.  John,  is  entirely  erro- 
t a  temnwn  tZ  f"'  ''^''°'''^'  '""^'^'^  ^'""'^^^  «^  ^^is  in.ccurate  section 
Khd  fti  ihi^r^  '"V,'!'^^^"^^  °*  «  continuous  chain  of  mountains  from 
^1e  S  b  an  ll?T  /''^^°^'*^"  ^'-  •^°*^"'  ^""^  thence  around  the  south- 
Jie  north  rnr';[  *  «  ^'«*'g°"che  until  it  met  the  heights  rising  from 

If e  nortl!  shore  of  the  Rnv  nf  r.lioU„ro      ir-..  .l; *.  •      .     ^.  . 

irnni  Pa.b'e  k^....        J  .L  -     '   " ••••.-.•.r^.     i  us  HUB  leiaon,  nis  view  laKen 

^/^^Ji         '  ^"^  that  made  by  Mr.  Odell  from  the  sime  point,  were 
.^rged  for  admission  as  evidence  on  oath  by  the  British  agent,  and  the  map 

I  'A  chain  is  made  up  of  mountains,  whose  bases  touch  each  other.-^a/ti.  , 


I 


tti 


6 


Doc.  No.  31. 


sig. 


of  Mr.  Johnson,  which  contradicted  this  evidence,  was  carefully  excluded. 
It  cannot  be  concealed,  that,  could  Colonel  Bouchette's  idea  founded  on 
orroneous  premises  have  been  established  by  indisputable  facts,  it  would 
have  been  the  most  fatal  argument  that  has  ever  been  adduced  against  the 
American  claim  ;  for  he  would  have  argued  that  the  meridian  line  of  the 
St.  Croix  would,  at  Mars  hill,  have  first  intersected  highlands,  which, 
rising  from  the  north  shore  of  the  Bay  of  Chaleurs,  would  have  appeared 
to  divide,  until  within  a  few  miles  of  the  Grand  falls  of  the  St.  John, 
waters,  which  fall  into  the  St.  Lawrence  from  those  which  fall  into  the 
Atlantic,  and  would  have  been  the  south  boundary  of  the  province  of 
Quebec. 

Mars  hill  would  thea  have  appeared  to  be,  in  truth  as  well  as  in  claim, 
(he  northwest  angle  of  the  province  of  Nova  Scotia ;  and,  although  the  rest 
of  the  line  would  not  have  fulfilled  the  conditions,  the  United  States 
might,  by  an  arbitrator,  have  been  compelled  to  accept  this  point  as  the  be- 
ginning of  their  boundary.  Nor,  in  the  unexplored  state  of  the  country, 
is  it  by  any  means  certain  that  the  American  agent,  who  does  not  seem  to 
have  seen  the  drift  of  the  proceedings  of  Colonel  Bouchette,  would  have 
been  prepared  with  the  adverse  facts,  which  are  now  tnown  to  be  unde- 
niable. It  may,  therefore,  be  considered  fortunate  for  the  claim  of  the 
United  States  that  the  survey  was  afterwards  intrusted  to  a  surveyor  who, 
in  pursuit  of  the  double  object  of  encroachment  on  the  United  States  and 
ihe  enlargement  of  his  native  province  at  the  expense  of  Canada, 
nally  failed  in  the  proof  of  either  of  his  positions. 

The  knowledge  now  acquire^fhows  that  the  idea  of  Colonel  Bouchette 
is  unsupported  by  the  facts  of  JHjbcase,  for  the  highlands  which  rise  from 
the  north  shore  of  the  Bay  of^naleurs  do  not  meet  those  in  which  the 
most  southerly  branch  of  the  Ristigouche  takes  its  rise. 

The  British  Commissioners,  although  they  give  a  profile  of  this  ridge, 
do  not  pretend  to  have  examined  it  except  at  Mars  hill,  near  the  Aroos- 
took, and  at  the  Grand  falls  of  the  St.  John.  It  must  be  remarked,  that 
these  profiles  (the  original  one  of  Colonel  Bouchette  and  that  exhibited  by 
themselves)  are  contrasted — one  British  authority  with  another — for  the 
purpose  of  invalidating  the  ground  on  which  the  American  claim  is 
founded. 

It  is  not  our  business  to  reconcile  these  conflicting  authorities,  but  it  is 
our  duty  to  recall  the  recollections  of  the  fact  that  no  part  of  the  Ameri- 
can argument  laid  before  the  King  of  the  Netherlands  was  founded  on 
this  or  any  other  estimate  of  heiglits. 

Many  elevations,  indeed,  were  m  '^sured  with  great  pains  on  the  part 
of  the  Americans,  as  vveli  as  of  Great  Britain. 

On  behalf  of  the  United  States,  Captain  Partridge  made  many  baro- 
metric observations,  while  Mr.  Johnson  took  an  extensive  series  of  verti- 
cal and  horizontal  angles.  His  operations  were  performed  in  the  presence 
of  Mr.  Odell,  the  surveyor  on  behalf  of  Great  Britain,  who  doubtless 
made  similar  ones,  as  he  visited  the  same  stations  with  a  better  instrument 
and  for  the  same  avowed  purpose.  Mr.  Odell's  observations  were  not 
presented  by  the  British  agent,  and  those  of  Mr.  Johnson  were  obiected 
to.  If  received,  they  would  have  set  aside  the  pretensions  that  a  contin- 
uous ridge  of  mountains  existed  between  the  Metjarmette  portage  and 
Mars  hill.  They  are,  however,  superseded  by  the  operations  of  the  un- 
dersigned, which  have  yielded  satisfactory  evidence  that  no  chain  of  high- 


i 


« 


Doc.  No.  31. 


^ 


fully  excluded, 
ea  founded  on 
facts,  it  would 
::ed  against  the 
an  line  of  the 
hlands,  which, 
have  appeared 
'  the  St.  John, 
1  fall  into  the 
le  province  of 

ill  as  in  claim, 
:hough  the  rest 
United  States 
loint  as  the  be- 
f  the  country, 
es  not  seem  to 
e,  would  have 
!n  to  be  unde- 
5  claim  of  the 
surveyor  who, 
ted  States  and 
f  Canada,  sig- 

nel  Bouchette 

hich  rise  from 

in  which  the 

of  this  ridge, 
iar  the  Aroos- 
emarked,  that 
t  exhibited  by 
Dther — for  the 
ican   claim   is 

•ities,  but  it  is 
jf  the  Anieri- 
»s  founded  on 

OS  on  the  part 

ie  many  baro- 
eries  of  verti- 
n  the  presence 
vho  doubtless 
ter  instrument 
ions  were  not 
vere  objected 
that  a  contin* 
i  portage  and 
)ns  of  the  un- 
chain of  high- 


lands in  the  sense  of  the  British  Commissioners,  or  even  an  "  axis  of 
maximum  elevation  "  exists  where  it  ^s  laid  down  on  their  map.  Nor  can 
it  be  doubted  that  the  operations  rf  ,  .Johnson  had  a  decided  advantage, 
in  point  of  probable  accuracy,  ove*  airs.  The  exploring  meridian  Une 
used  as  a  base  was  measured  with  a  tolerable  degree  of  accuracy,  and 
from  the  three  heights  chosen  by  him  the  whole  country  is  visible. 

On  the  other  hand,  the  course  of  Messrs.  Mudge  and  Featherstonhaugh 
being  confined,  except  where  they  ascended  Mars  hill,  to  the  valleys  of 
the  streams,  they  wjre  for  the  most  part  excluded  from  a  prospect.  In 
describing  the  view  from  Mars  hill,  however,  they  have  pictured"  m 
most  accurate  terms  the  true  features  of  the  country. 

"  The  character  of  the  country  may  be  well  discerned  and  understood 
from  this  insulated  hill.  It  presents  to  the  eye  one  mass  of  dark  and 
gloomy  forest,  to  the  utmost  limits  of  sight,  covering  by  its  umbrageous 
mantle  the  principal  rivers,  minor  streams,  and  scanty  vestiges  of  the  habi- 
tation of  man.  "* 

This  description  can  only  agree  with  that  of  a  vast  table  land,  into 
which  the  streams  cut  so  deep,  and  form  such  narrow  valleys  as  to  be  in- 
visible. 

But  if  a  chain  of  highlands,  or  even  an  "axis  of  maximum  elevation," 
had  existed,  as  they  lay  it  down,  within  20  miles,  it  would  have  been  vi- 
sible, and  it  need  not  be  said  that  they  would  not  have  failed  to  describe 
it.  The  inconsistency  between  their  map  and  this  true  and  forcible  des- 
<;ription  of  the  features  of  the  country  is  apparent. 

The  same  general  charcter  of  table  land  is  found  to  the  north  of  the  St. 
John,  above  the  Grand  falls.  Its  first  important  northern  tributary  is, 
the  Grand  river.  In  ascending  this  stream,  the  level  of  the  table  land  is 
soon  reached.  The  river  runs  between  banks  ot  very  moderate  eleva- 
tion, and  on  a  regular  slope ;  and  although  running  with  great  rapidity 
upon  a  pebbly  bed,  it  is  yet  so  tortuous,  that,  while  its  distance  from  its 
mouth  to  the  W-'gansis  portage  in  a  straight  line  is  no  more  than  13 
miles,  the  meanders  of  its  channel  amount  to  near  30. 

On  the  Wagansis  portage  the  table  land  is  terminated  by  a  ridge,  whose 
summit  is  elevated  264  feet  above  the  Wagansisf  of  Grand  river.  It  was 
at  first  believed  that  this,  although  of  small  elevation,  was  a  dividing 
ridge,  and  that  it  might  correspond  to  one  construction  which  has,  al- 
though inaccurately,  been  put  on  the  treaty  of  1783.  This  belief  was 
speedily  removed  ;  for  the  rivulet  on  its  northern  side  was  found  to  be  cut 
off  from  the  Ristigouche  by  the  Sugar  Loaf  mountain,  and  is  therefore  a 
branch  either  of  the  Grand  river  or  of  the  stream  which  falls  into  the  St. 
John  immediately  above  the  Grand  falls.  The  height  of  land  which 
divides  this  rivulet  from  the  Wagan  of  the  Ristigouche  is  not  elevated 
above  the  former  more  than  117  feet.  There  is  in  fact,  at  this  place,  a 
gap  five  or  six  miles  in  breadth,  in  the  great  system  of  mountains  which 
extend  from  the  Gulf  of  St.  Lawrence,  at  the  Bay  des  Chaleurs,  to  the 
fiver  St.  Lawrence,  near  the  Temiscouata  portage.    At  the  northern  verge 


♦See  Appendix,  page  1,  of  the  Brit  sh  Commissioner!,'  Repoit,  dated  "Foreien  office 
April  16,  1840.  " 

fWagan  isaterm  in  the  Aben&k't  language  signifyinsr  way.  Sis  is  a  diminutive  particle. 
Wag«n-Bi8  18  therefore  the  little  vf ay  ;  and  it  seems  proiii-ulo  that  ihe  name  of  Grand  river,  th« 
usual,  epithet  for  the  St.  John,  has  beeij  imprope.ly  uj  i-Lisd  to  the  small  stream  which  bears  it 
«£  the  maps. 


/. 


s 


Doc.  No.  31. 


of  the  table  land  which  has  been  described,  and  near  the  mouth  of  Greetv 
river,  rises,  to  the  heig.it  of  about  1,600  feet,  a  mountain  known  from  the 
name  of  that  stream.  This  is, like  Mars  hill,  isolated,  and  affords  an  ex- 
tensive view.  To  the  north  and  west,  the  prospect  is  bounded  by  a  con- 
tinuous line  of  horizon,  which,  instead  of  being  obviously  below  the  level 
of  the  eye,  as  in  the  view  of  the  disputed  territory  from  Mars  hill,  is  evi- 
dently of  even  greater  height  than  the  Green  rivr  mountain  itself. 

On  entering  into  this  region  from  the  south,  .y  any  of  the  navigable 
streams  which  traverse  it,  it  presents  a  more  decidedly  mountainous  cha- 
racter than  the  country  to  the  south.  The  Grande  Fourche  of  Risti- 
gouche  is  bordered  by  two  continuous  chains  of  mountains,  rising  when 
it  first  issues  from  them  to  the  height  of  a  thousand  feet  above  its  surface. 
The  stream  having  a  rapid  fall,  the  relative  elevation  becomes  less  until,^ 
in  the  neighborhood  of  the  lake  in  which  its  north  branch  first  collects  its 
waters,  the  relative  elevation  is  not  more  than  four  or  five  hundred  feet.* 
On  traversing  this  elevated  country,  it  presents  a  different  aspect  from 
what  is  seen  either  from  a  distance,  or  where  it  is  entered  from  the  rivers. 
Frequent  ridges  are  crossed ;  the  tops  of  these  are  often  occupied  by 
swamps  filled  with  a  thick  growth  of  cedars.  Deep  and  small  basins  occur, 
which  are  occupied  by  lakes  that  give  rise  to  rivers  flowing  to  the  St. 
Lawrence  or  to  the  St.  John.  These  are  intermingled  with  thickets  of 
dwarf  spruce;  and  the  streams  are  sometimes  bordered  by  marshes  covered 
by  low  alders,  and  sometimcH  cut  deep  into  rocky  channels.  In  this  ap- 
parent labyrinth  one  positive  circumstance  marks  the  line  of  division  or 
the  true  height  of  land.  The  streams  which  run  to  the  St.  John-  are  all 
of  the  first  description,  sluggish;  while  those  which  discharge  themselves 
into  the  St.  Lawrence  are  rapid,  and  have  the  character  of  torrents. 

On  the  western  side  of  the  disputed  territory  are  ridges  of  rocky  hills,  run- 
ning nearly  north  and  south,  and  thus  tending  towards  the  St.  Lawrence^ 
-which  they  in  some  places  reach  and  shut  out  the  view  of  the  interior. 

It  thus  becomes  difficult  to  find  a  station  whence  the  heights  of  land' 
can  be  viewed  and  its  character  exhibited.  It  has  therefore  been  hither- 
to possible  for  those  who' have  argued  in  support  of  the  claims  of  Great 
Britain  to  represent,  without  meeting  with  contradiction,  that  the  streams 
which  fall  nto  the  St.  John  had  their  rise  in  a  country  possessed  of  none 
of  that  naountainous  character  which  they  urged  was  essential  to  the  epi- 
thet of  highlands.  There  are,  however,  points  where  a  different  character 
is  apparent,  and  some  of  these  are  easy  of  access.  Thus,  on  the  main 
mail-road,  along  the  southeast  branch  of  the  St.  Lawrence,  a  mile  north- 
east of  the  church  ol  L'lslette,  a  rocky  eminence  is  passed,  whence  may  be 
seen  a  bold  group  of  mountains,  which  have  been  identified  with  the  sour- 
ces of  the  Quelle,  the  Kamouraska,  and  Black  rivers.  A  view  of  this  group 
is  herewith  presented. 

From  the  height  to  the  east  of  river  Du  Loup,  a  view  may  be  seen,  on  a 
clear  day,  extending  round  137  degrees  of  the  horizon,  beginning  with 
the  highlands  of  Bic,  bearing  north  58°  east,  and  terminating  in  a  conicat 
mouffain,  bearing  south  lo'^  west. 

The  nearest  and  more  conspicuous  of  these  highlands  (named  those  of 
St.  Andre)  are  on  the  river  rourchoe,  a  branch  of  the  river  Du  Loup, 
whose  waters  they  divide  from  those  of  the  St.  Francis.  A  view  of  these 
is  also  submitted  herewith. 


*  Several  sketches  of  the  heiglits  which  surround  this  lake  are  herewith  presented. 


Doc.  No.  31. 


uth  of  Greetp 
own  from  the* 
ffbrds  an  ex- 
ed  by  a  con- 
low  the  level 
s  hill,  is  evi- 
itself. 

he  navigable 
itainous  cha- 
jhe  of  Risti- 
rising  when 
e  its  surface, 
es  less  untilj 
it  collects  its 
indred  feet.* 
;  aspect  from 
m  the  rivers, 
occupied  by 
basins  occur, 
ig  to  the  St. 
h  thickets  of 
shes  covered 
In  this  ap- 
division  or 
John-  are  all 
J  themselves 
>rrents. 
ky  hills,  run- 
:.  LawrencCy 
e  interior, 
ghts  of  land' 
been  bilher- 
ms  of  Great 
the  streams 
led  of  none 
I  to  the  epi- 
nt  character 
on  the  main- 
mile  north- 
enee  may  be 
ith  the  sour- 
ofthis  group 


le  seen,  on  a 
inning  witb 
in  a  conical 


led  those  of 
r  Du  Loup, 
ew  of  these 


it 

A  similar  view  of  the  same  panorama  of  highlands  is  obtained  from 
Hare  island  in  the  St.  Lawrence,  an  outline  of  which,  taken  with  the  ca- 
luera  lucida,  is  likewise  submitted.     About  a  quarter   of  a  mile  to  the 
south  of  the  point  where  the  Tehiiscouata  portage  crosses  Mount  Biort 
the  highlands  may  be  seen  at  the  head  of  Rimouski,  bearing  nearly  east/ 
thence  extending  round  by  the  north  to  the  mountains  of  St.  Andre,  bear- 
iitg  nearly  west,  forming  about  one  half  of  the  entire  horizon.     The  en- 
tire panorama  from  the  latter  point,  taken    with  the  camera  lucida,  alonr 
with  copies  of  some  daguerreotypes  made  at  the  same  place,  are  herewitn 
submitted.     Of  the  part  of  the  line  which  extends   to  the  northeast,  from 
the  source  of  the  Etchemin,  for  a  distance  of  many  miles,  a  view  may  be 
almost  constantly  seen   from  the  citadel  of  Quebec,  and  from  the  tops  of 
'  the  houses  in  that  city.     One  still  more  satisfactory  may  be  obtained  from 
the  road  between  Quebec  and  the  Falls  of  Montmorenci,  in  the  neighbor- 
hood of  the  village  of  Belport.     The  latter  views  are  in  particular  refer- 
red to,  as  they  are  within  the  reach  of  numerous  civil  and  military  officers 
of  the  British  Government,  who  must  assent  to  the  evidence  of  their  own 
senses,  which  will  prove  that  this  region,  the  position  of  the  path  pursued 
during  the  present  year  by  captain  Talcott's  parties,  is  to  all  intents   a 
range  of  highlands. 

The  boundary  presents  from  these  positions  the  aspect  of  a  continuous- 
and  deeply  serrated  ridge. 

The  geological  character  of  the  country  cannot  be  admitted  as  having 
any  bearing  upon  the  subject  under  consideration.  It  never  entered  into 
the  views  of  the  framers  of  the  treaty  of  1783,  and  there/ore  could  afford 
no  illustrations  of  their  intentions. 

Were  it  admissible,  however,  it  might  be  cited  as  an  additional  argu- 
ment, that  the  dividing  height  which  encloses  the  waters  of  the  Connec- 
ticut contindes  unchanged  in  its  features  until  it  is  cut  off  by  the  deep 
cliannel  of  the  St.  Lawrence. 

Opportunities  for  observations  of  this  character  were  most  frequent  on 
the  Temiscouata  portage,  and  on  the  banks  of  the  St.  Lawrence  itself.  It 
was  dfily  on  the  former  place  that  the  relative  geological  heights  of  the 
rocks  could  be  observed  by  means  of  their  outcrop. 

The  whole  of  the  portage  passes  over  stratified  rocks  dipping  rapidly 
to  the  southeast.  They  were  found  to  be  alternate  groups  of  common 
and  talcose  slate,  and  of  a  rock  made  up  principally  of  angular  fragments 
ot  white  quartz,  (grauwack.)  These  are  in  all  respects  identical  witl> 
rocks  which  have  been  observed  by  one  of  the  Commissioners  in  place  it> 
^Berk^ure  county,  Massachusetts,  and  in  Columbia  and  Rensselaer  coun- 
ties,  iNew  York;  and  the  description  of  geologists  at  various  intervening 
points,  as  vvell  as  the  observations  of  Captain  Talcott's  parties,  would  tend 
to  establish  the  fact  that  the  formations  are  continuous. 
•  From  these  data,  it  would  appear  probable  that  the  rocks  are  a  prolonga- 
tion of  the  western  slope  of  the  great  range  called  by  Mr.  Featherston- 
haugh,  in  his  report  as  United  States  geologist,  the  Atlantic  ridge.  This 
formation,  which  is  but  a  few  miles  in  width  where  it  crosses  the  Hudson, 
appears  gradually  to  widen  as  it  proceeds  to  the  north,  and  was  on  th^ 
M.  Lawrence  found  to  prevail  both  at  the  river  Du  Loup  and  at  Grand 
Metis,  dipping  in  the  two  places  in  opposite  directions,  and  covered  in  the 
interval  by  the  thick  diluvial  deposites  which  form  the  valley  of  the  Troia 


4 


m 


til 


isented. 


/ 


10 


Doc.  m.  31. 


Pj^toles.  To  render  ihe  analogy  more  complete,  in  the  valley  of  the 
outlet  of  the  Little  lake  (Temiscouata)  was  found  a  vein  of  metalliferous 
<{uartz,  charged  with  peroxyde  of  iron,  evidently  arising  from  the  decom- 
position of  pyrites,  being  in  facfthe  same  as  the  matrix  of  the  gold,  which 
has  been  traced  in  the  talcose  slate  formation  from  Georgia  to  Vermont ; 
4ind  on  the  western  shore  of  the  Temiscouata  lake,  about  a  mile  to  the 
south  of  Fort  Ingall,  lie  great  masses  of  granular  carbonate  of  lime,  identic- 
cally  resembling  the  white  marbles  of  Pennsylvania,  Westchester  county, 
New  York,  and  Berkshire  county,  Massachusetts. 

If  the  latter  be  in  place,  which,  although  probable,  was  not  ascertained 
beyond  all  question,  the  primitive  carbonate  of  lime  has  exactly  the  same 
relation  to  the  slaty  rocks,  which  it  bears  in  the  latter  locality. 

The  formations  which  have  been  spoken  of  appear  to  occupy  the  whole 
extent  of  the  country  explored  by  the  parties  of  Professor  Renwick. 
Every  where  the  stijparas  were  found  cutting  through  rocks  of  slate.  On 
the  summits  of  many  of  the  hills  were  found  weathered  masses  of  angular 
quartz  rocks,  showing  that  while  the  slate  had  yielded  to  the  action  of  the 
elements,  the  harder  and  less  friable  rock  had  liept  it  splace.  The  ridges 
which  intervene  between  the  St.  Lawrence  at  the  river  Du  Loup  and  Lake 
Temiscouata  have  the  character,  so  well  described  by  Elie  de  Beaumont, 
•of  mountains  elevated  by  some  internal  force. 

To  the  eastward  of  Lake  Temiscouata,  on  the  other  hand,  the  country 
has  the  aspect  of  having  once  been  a  table  land,  elevated  on  the  average 
about  1 ,700  feet  above  the  level  of  the  sea,  and  of  having  been  washed  by 
some  mighty  flood,  which,  wearing  away  the  softer  rocks,  had  cut  it  into 
valleys,  forming  a  complex  system  incapable  of  being  described  in  words, 
and  only  to  be  understood  by  inspection  of  a  map. 

2.  Comparison  of  the  elevations  of  ihe  boundary  line  claimed  by  the 
United  States  with  those  of  the  *'axis  of  maxi??ium  elevation*^  of  Messrs. 
Featherstonhaugh  and  Mudge. 

For  the  purpose  of  exhibiting  the  relative  claims  of  the  two  lines  to  the 
exclusive  epithet  of  '4he  highlands"  in  the  most  clear  and  definite  man- 
«er,  each  of  them  will  be  considered  as  divided  into  three  portions,  which 
will  be  contrasted  with  each  other  by  pairs.  The  first  portion  of  each 
of  the  lines  is  that  which  lies  nearest  to  the  point  of  bifurcation;  the  res- 
idue of  the  American  line  is  divided  at  the  source  of  the  Quelle ;  the 
remainder  of  the  line  of  Messrs.  Feaiherstonhaugh  and  Mudge  at  that 
of  the  Aroostook.  Metjarmette  portage  is  taken  as  the  point  of  bifur- 
cation, whence  waters  run  to  the  Penobscot,  the  St.  John,  and  the  St. 
Lawrence. 

Qn  the  American  line  ifrom  the  Metjarmette  portage  to  Lake  Etchenfiri 

Feet. 
The  maximum  height  is      -  -  -  -  -  1,718 

The  minimum  height  is       -  -  -  -  -.  1,218 

The  minimum  measured  height  i^  that  of  Lake  Etchcmin,  which  is 
lower  than  the  actual  source  of  that  stream,  and  whose  omission,  as  not 
upon  the  dividing  ridge,  would  make  the  minimum  greater.  This  height 
was  determined  by  the  nartiea  of  A.  Talcott.  Esq..  by  tvyo  distinct  and 
separate  sets  of  observations,  one  of  which  was  continued  hourly  for  sev- 
eral days;  and  no  doubt  can  exist  that  it  is  as  accurate  a  measure  as  the 
l)arometer  is  capable  of  affording.     In  the  report  of  Messrs.  Featherston- 


haugh 


Doc.  No.  31. 


11 


lleyof  the 
etalliferous 
:he  decom- 
;old,  which 
Vermont ; 
nile  to  the 
ime,  identic 
ter  county, 

ascertained 
y  the  same 

r  the  whole 
'  Renwick. 

slate.  On 
i  of  angular 
ction  of  the 

The  ridges 
ipand  Lake 

Beaumont, 

:he  country 
the  average 
washed  by 
I  cut  it  into 
d  in  words, 

imedby  ike 
'  of  Messrs. 

lines  to  the 
efinite  man- 
tions,%hich 
ion  of  each 
on;  the  res- 
Ouelle  ;  the 
udge  at  that 
int  of  bifur- 
and  the    St. 

te  Etchenfin 

Feet. 

1,718 

1,218 

in,  which  is 

ssion,  as  not 

This  height 

distinct  and 

urly  for  sev- 

iasure  as  the 

Featherston- 


liaugh  aiid  Mudge,  this  height  as  set  down  is  no  more  than  957  feet,  hv.\  it 
is  determined  from  a  single  observation.  That  it  is  erroneous,  must  be 
considered  as  demonstrated.  In  the  map  presented  by  those  gentlemen, 
they  have  made  use  of  this  erroneous  determination  for  a  purpose  which, 
even  were  it  correct,  would  not  be  warranted ;  for  they,  on  its  authority, 
leave  out  all  the  symbols  by  which  heights  are  represented,  and  substitute 
therefor  a  dotted  line  with  the  inscription  "fictitious  hills  of  Mr.  Burn- 
ham's  map."  The  actual  character  of  this  part  of  the  American  line  is  an 
undulating  country. 

On  the  line  of  Messrs.   Featherstonhaugh  and  Mudge,  between  the 

Metjarmette  portage  and  the  Cocumgamoc  mountains — 

Feef. 
The  maximum  elevation  is        -  -  -  -         '  2,302 

The  minimum  .....  987 

This  part  of  the  line  of  Messrs.  Featherstonhaugh  and  Mudge  derives 
its  apparent  advantage  from  the  fact  that  it  crosses  the  summit,  and  occu- 
pies the  eastern  slope,  of  the  highlands  claimed  by  the  United  States. 
Notwithstanding  this,  the  difference  in  their  elevation  is  not  such  as  to 
give  it  any  decided  superiority  in  its  highland  character. 

On  the  American  line  from  Lake  Etchemin  to  the  river  Ouelle — 

Feet. 
The  maximum  height  is  -     *       -  -  -  2,854 

The  minimum  height  is        *  -  -  -  -  1,306 

On  the  line  of  Messrs.  Featherstonhaugh  and  Mudge  from  the  Cov,um- 
gamoc  mountains  to  the  headwaters  of  the  Aroostook — 

Feet. 

The  maximum  height  is  -  -  -  -  1,263 

The  minimum      "       «  ....  880 

On  the  parts  of  the  line  thus  contrasted,  the  maximum  height  of  that 
claimed  by  Great  Britain  is  less  elevated  than  the  lowest  gap  of  that 
claimed  by  the  United  States. 

On  the  third  portion  of  the  American  line  : 

From  the  head  of  the  Ouelle  to  the  Temiscouata  portage — 

F^et." 
The  maximum  height  is       -  -  -  -  .         -  2,231 

The  minimum      "       "        .  -  -  -  -  853 

From  the  point  where  the  line  first  crosses  the  Temiscouata  portage  to 

Mount  Paradis — 

Feet. 
The  maximum  height  is       ?  -  -  -     |i||  -  1,983 

The  minimum      "       "       .  -  .  -  -        .        906 

From  the  Temiscouata  portage  to  the  head  of  the  Abagusquash — 

Feet. 

The  maximum  height  is       -  -  -  -  -  1,510 

The  minimum       «       «        .  .  .  .  .  gyg 

From  Abagusquash  to  the  Rimouski  lake — 

Ffet. 
The  maximum  height  is      -  ...  -  1,824 

The  minimum      "       "       -  -  -  -  -  651 

From  the  Rimouski  lake  to  the  north v.est  angle — 

Feet. 

The  maximum  height  is      -  -  -  -  .  1,841 

The  minimum      "       "       .  -  -  -  -  1,014 


^ 


Doc-  No.  31. 


The  greatest  elevation  of  the  whole  of  the  third  part  of  the  American 
line,  therefore  IS            -            -            .            .        '^   .  9  oqi  rlJ^. 

The  minimum  is 651     " 

The  termination  of  the  exploring  meridian  line  falls  into  this  part  of 
the  American  line.  Fts  height  of  1,519  feet  was  determined  by  tw-o  seo- 
arate  observations  compared  with  others  taken  on  Lake  Johnson.  The 
height  of  the  latter  was  calculated  at  1,007  feet,  from  a  series  of  observa- 
tions  continued  fok-  1 7  days,  and  is  believed  to  be  as  accurate  as  the  method 
of  the  barometer  is  susceptible  of.  '"emoo 

This  height  of  the  termination  of  that  line  is  estimated,  by  Messrs 
Featherstonhaugh  and  Mudge,  at  no  more  than  388  feet,  and  that  of  the 
ake  at  no  more  than  363.  In  this  estimate  they  reject  the  indications  of 
their  own  barometers,  because  the  results  of  them  would  have  contra- 
dicted the  previous  impressions  which  seem  to  have  governed  all  their 
operations,  viz  :  that  the  point  claimed  by  the  United  States  as  the  north- 
west angle  of  Nova  Scotia  is  not  in  an  elevated  region  of  country  • 

On  the  third  part  of  the  British  line  from  the  sources  of  the  Aroostook 
to  the  Grand  falls  of  the  St.  John,  no  height  is  reported  as  measured  by 
the  British  Commissioners  which  exceeds  1,050  feet,  while  the  greatest 
height  on  then  profile  is  1,150  feet.  The  minimum  height  on  their  pro- 
Jile,  excluding  the  Aroostook  at  its  mouth  and  its  intersection  with  the 
meridian  line,  is  243  feet,  and  the*  mean  of  the  numbers  entered  by  them 
both  on  their  map  and  profile  is  665  feet. 

It  will  therefore  appear  that,  if  th- profile  of  Messrs.  Featherstonhaugh 
and  Mudge  be  correct,  the  lowest  gap  on  the  third  part  of  the  American 
line  IS  abou  as  high  as  the  mean  elevation  of  the  part  of  the  British 
line  with  which  it  is  compared.  • 

The  line  claimed  by  the  United  States,  therefore,  possesses  throughout 
m  a  pre-eminent  degree,  the  highland  character,  according  to  the  sense  at 
one  time  contended  for  in  the  argument  of  Great  Britain,  and  is,  to  use 
the  term  of  the  British  Commissioners,  "the  axis  of  maximum  elevation"— 
the  mean  of  all  the  heights  measured  upon  it  being  1,459  feet,  while  that 
01  those  measured  on  the  .line  of  Messrs.  Featherstonhaugh  and  Mudge  is 
no  more  than  1,085  feet.  °  ^luuge  i» 

It  is  regretted  that  the  computations  of  the  barometric  and  other  oUser- 
vations,  for  the  determination  of  the  heights  of  that  portion  of  the  country 
between  the  valley  of  the  St.  John  and  the  sources  of  the  Aroostook,  ex- 
plored by  the  division  of  Major  Graham,  could  not  be  completed  in  time 
to  be  made  use^  for  this  report,  in  the  description  of  that  portion  of  the 
jine  claimed  Jof^reat  Britain  by  Messrs.  B'eatherstonhaugh  and  Mudge. 
i  his  delay  has  been  solely  caused  by  a  want  of  reasonable  time  to  com- 
piete  this  portion  of  the  work,  the  Commissioner,  having  direction  of  the 
division  charged  with  it,  having  only  returned  from  the  field  in  the  month* 
01  January.  ^ 

Sufficient  information  is  known,  however,  to  have  been  derived  from 

•  A  continuous  line  of  levelling  was  carrieJ  by  one  of  the  parlies  of  Major  Graham's  divisi^ 
by  means  of  Iwo  spirit  levels  checkin?  one  another,  from  tide  water  at  Calais,  in  Maine  to  the 
moi.ument  at  the  aourcc  of  the  St.  Croix,  and  thence  along  the  true  meridian  line  to  its  intersec- 
tion with  the  river  St.  John.  The  siirfrtc"  "f  the  81.  John  .°.t  this  -snint  of  in!ei=- ■'=••-  '-'-^  ='  ^ 
found  to  be  419i  feet  above  the  level  of  mean  tide  at  Calais.  The  ba'Ji'n  of  th'rr^^v'eV'imm'ediatelly 
above  the  Grand  Falls  may  \>e  slated  a.-<  of  the  same  elevation  in  round  numbers,  as  there  is  very 
Jjltle  current  in  the  river  between  thosie  two  points. 


i 


he  American 
2,231  feet. 
651  '« 
)  this  part  of 
1  by  two  sep- 
hnson.  The 
3  of  observa- 
is  the  method 

,  by  Messrs. 
d  that  of  the 
ndications  of 
have  contra- 
led  all  their 
as  the  north- 
ntry.* 

e  Aroostook 
measured  by 
the  greatest 
on  their  pro- 
ion  with  the 
red  by  them 

lerstonhaugh 

e  American 

the  British 

I  throughout, 
the  sense  at 
Qd  is,  to  use 
elevation" — 
!t,  while  that 
nd  Mudge  is 

other  oBser- 
the  country 
oostook,  ex- 
eted  in  time 
)rtion  of  the 
and  Mudge. 
irae  to  com- 
ction  of  the 
in  the  monib 

erived  from 


Doc.  No.  31. 


U'» 


shnirt's  division, 
1  Maine,  to  the 
B  to  its  internee- 

ieetirifi  was  thus 
ver  immediately 
as  there  is  very 


those  surveys  to  jtjst.   -he  assertion  that,  instead  of  the  strongly  marked 
range  ot  highlands  represented  by  the  British  Commissioners  as  conMitu- 

^    ting  a  part  of  then-  "axis  of  maximum  elevation,"  the  country  in  the  vici- 
mty  of  the  Aroostook,  lying  between  ils  sources  and  the  vallev  of  the  sl 

!  John,  IS  devoid  of  the  character  they  have  attributed  to  it.  When  uro- 
perly  represented  upon  a  map,  it  will  appear  as  an  extended  undulating 
surface  of  moderate  elevation  above  the  level  of  the  Aroostook  river 
sparsely  interspersed  with  occasional  detached  elevations,  ri*.inc  to  hpiirhfi 
of  600  to  900,  and  1,400  feet  above  the  level  of  the  sea  but  forj^nf no 
continuous  or  connected  chain  whatever  in  the  direction  represented  b? 

■      rl-  !'i  ^^^  ^  Commissioners,  or  that  could  be  construed  into  the  character 
of  highlands,  such  as  are  described  in  the  treaty  of  1783.*  """-«er 

In  addition  to  the  surveys  upon  the  boundary  line  claimed  by  the  United 
States,  an  exploring  line  was  run,  under  the  direction  of  Professor  Ren 
wick,  as  IS  more  particularly  described  in  appendix  No.  1 .     This  line  ex 
tended  to  an  eminence  on  the  eastern  side  of  Lake  Metapediac,  elevated 

*  Note.  Since  the  above  was  written,  Mnjor  Graham'^  man,  and  the  comnuiation>.";^rTKrr~' 
rometric  heights  above  alluded  to,  have  been  completed.  compulations  of  the  ba- 

This  map  exhibits,  in  their  proper  positions,  the  numerous  altitudes  which  were  d-i^min.j 
throughout  the  country  watered  by  the  Aroostook  and  its  nrinclDnl  t  ibutlZ  „,7  r  '''"f""'"f«* 
to  the  heights  which  bound  the  basin  of  that  river  on  e  lifer "idr--alonrh;  ^  .".*?  '""''"-^ 
in  the  year  1835,  by  Captain  Vulo  of  the  Royal  Engineers   bctweTn  mLI  bin      T  ''"•'  ''"""^ 

the  Stole  of  Mamc,  from  Lewis's,  (a  poht  in  latitude  46°  12'  on"  h«i,„»«n  .k    u     i  l  ^^  .      ^ 
hliluJ.  47°  16'  13"  being  .  ,n...„™  .ol».lly  ,„e.sur«l,  of  ?S  S  --.nj  Z^tt  ™     '","  '" 

thl^ZrT  "'°'"'"'  ""',' ''''  '"",?^  '^^  prominent  eminences,  which  occur  Tngtnt  portion  of 
the  ««ax.s  of  maximum  elevation"  of  Messrs.  Mudge  and  Feaiherstonhauirh  ^hIk  i;L '^  k 
the  mouth  and  the  source  of  the  Aroostook,  correspond  very  neirlv  t  heS  aSno^^^^^^ 
measurements,  with  those  rcporie.l  by  themselves    vet  these  emhienoJ.;!  T    '^  .         '  ''^'  """^ 
another    by  spac.s  of  comparatively  L  and  very'ohen  swam^  o^n  ^v   so  eft'^^^^^^^^^  .?."„  '"™ 

.viJ:;:sLtK;f  ^^^S:;:  •^;;^^;c  c^  ;n^  ;ra-3^ "-  t 

most  prominent  eminences  which  may  f.l  within  the  asZVod^W^       ?k  i.""""*''^  '^* 

<hain  of  highlands  may  here  be  made^s  prausib.y t  a^y  ^her  SS  ^"nThat 'ch"""\°^ 
Messrs.  Mudge  and  Fe.therstonhaugh  ;  for  the  detached^elevated  peata'e   "«  5^^^^^^^^^^ 
«nder  such  a  principle,  to  favor  any  one  direction  as  murh  as  another   and  mi^ht/h.         •''^ 

t  :!^:^^'  ^"  ^^""' '-'-''  -^«--  -"«-<^  theories  tro'bSd"  ii:  sUgS:  ir^: 

in  October,  1841,  by  one  of  Major  Sa^'«««i«'-nt  f  J"'''  '*"  "  P-*""™'""  ''ew  taken 
crossed  by 'the  tru'e  meridian  ofTmontmTnt  t"t  Tu'r  "o"  the^  TcH^  ^tT'  '"'••"""^ 
I.IOO  feet  above  the  level  of  the  sea,  and  47*  milL  norVh  If.i?  ;     ^'"'  P°""°"  '« 

satisfactory  view  of  the  whole  coun  rv  e ISp  t  ^t.^  "^  monument.     It  commands  a  most 

the  Iand.sc.pe  show.s  Park' s  hi  I  to  l?e  somh  Si^"  ,h  't '"'  n'  **^  '^  »?  '""•^'  '"^'"'^•»^.  «' 
^est;  Qua-qua-jo,  the  HorseS,  tieS  t^   and  o'ne  or^^^^^^^^  *''""1  ''I"' ''  '^'  «""•»'- 

«he  west;  the  heights  upon  the  Fish  river  and  the  ZZ'  ^  "  '^T"!'''"  Aroostook,  t» 
northwest;  and  those  south  of  the  St.  Jol  n  fexceot  a  In  ITV  ''''.^f^'"  ^'^'^'  '°  '•>• 
Wll.)  to  the  north.  '  ^        ^'  "  ^'"*"  ""8'"  obstructed  by  the  Aroostook 

i»  Mien.,  in  »  «li,r.clory  .  .n.nner    „  iS;  ,„  „Lu,  u'  ',f^  .'^°°f ''  "  I""'  twe-lhird.'  of 


14 


Doc.  No.  31. 


1,743  feet  above  the  level  of  the  sea.  The  views  obtained  from  this  emi- 
nence established  the  fact  that  a  chain  of  highlands  extended  thence  to 
the  north  shore  of  the  Bay  des  Chaleurs.  They  are  believed  to  termi- 
nate in  an  eminence,  which,  from  its  imposing  appearance,  has  been  called 
by  the  Scotch  settlers  at  its  foot  Ben  LomoniL  This  was  measured  during 
the  operations  of  the  summer  of  1840,  and  found  to  rise  from  the  tide  of 
the  bay  to  the  height  of  1,024  feet.  This  exploring  line,  coupled  with 
the  more  accurate  surveys,  appears  to  establish  the  fact  of  the  existence 
of  a  contmuous  chain  of  eminences  entitled  to  the  epithet  of  highlands 
from  the  north  shore  of  the  Bay  des  Chaleurs,  at  its  western  extremity  tJ 
the  sources  of  the  Connecticut  river.  Returning  from  the  latter  point, 
they  exhibit  the  aspect  of  well-marked  ranges  of  mountains  as  far  as  the 
sources  ot  the  Metjarmette.  Thence,  to  the  sources  of  the  Etcherain  ex- 
tends an  undulating  country  whose  mean  height  is  1,300  or  1  500 'feet 
above  the  level  of  the  sea.  The  boundary  line  is  thence  prolon^d  to  the 
Teraiscouata  portage  over  well-defined  ridges  to  the  eastern  side  of  Lake 
remiscouata.  At  the  sources  of  two  of  the  streams  which  run  into  this 
lake,  the  minimum  heights  of  651  feet  and  676  feet  have  been  observed. 

With  these  exceptions,  the  sources  of  the  streams  which  rise  to  the  north 
of  the  Temiscouata  portage,  and  between  the  lake  of  that  name  and  Lake 
Metapediac,  average  more  than  900  feet  above  the  level  of  the  sea  For 
the  purpose  of  describing  this  portion  of  the  line  claimed  by  the  United 
Mates,  we  may  take  this  height  of  900  feet  as  the  elevation  of  a  horizon- 
tal plane  or  base.  On  this  are  raised  knolls,  eminences,  and  short  ridges 
whose  heights  above  this  assumed  base  vary  from  300  to  1  300  feet  The 
more  elevated  of  these  are  universally  designated,  by  the  hunters  who  oc- 
casionally visit  the  country  and  the  lumberers  who  search  it  for  timber 
as  mountams  clothed  to  the  summits  with  wood,  which,  in  consequence 
ol  the  rigor  of  the  climate,  attains  but  a  feeble  growth.  They  h-Ive  an 
aspect  of  much  greater  altitude  than  they  in  reality  possess,  but  their  cha- 
racter  as  highlands  is  indisputable.  This  term,  which  the  first  English 
visitors  ascribed  without  hesitation  to  the  hills  of  New  Jersey  *  xvLia 
altitude  is  about  300  feet  above  the  level  of  the  sea,  is  much  better  me^ 
•!'  If  Q^nn?'"'";^  u  ^.«V"^"^^s  rising  from  300  to  1 ,300  feet  above  a  base. 
Itself  900  feet  in  height,  and  which  exceed  in  elevation  th6  well-known 
highlands  ol  the  Hudson  river. 

Not  to  rest  merely  on  instances  drawn  from  the  language  of  those  of 
English  birth,  who  first  settled  or  traded  on  the  coast  Sf  the  present 
United  States,  there  are  in  the  immediate  vicinity  of  the  region  in  aues 
tion  a  range  of  eminences,  the  highest  of  which  is  no  morl  than  1  206 
feet  above  the  leve  of  the  sea.  These,  on  the  authority  of  a  distinguished 
officer  of  Her  Britannic  Majesty's  navy,t  are  named  the  "highlands  of 
Bic,  and  have  long  been  thus  known  by  all  the  navigators  of  the  St  Law- 
rence  who  use  the  English  tongue. 

To  sura  up  the  results  of  the  tield  operations  of  the  Commissioners : 
^  1st.    1  he  meridian  has  been  traced  by  astronomic  observations  from  the 
taonument,  established  by  the  consent  of  both  nations,  in  1798   at  the 


*  The  highb.-ius  of  Neversink.     f  Cu|jt.  Bayfield. 


4 


St.  Cr 


Doc.  No.  31. 


from  this  emi- 
)ded  thence  to 
ieved  to  termi- 
las  been  called 
easured  during 
rom  the  tide  of 
,  coupled  with 
'  the  existence 
t  of  highlands, 
n  extremity,  to 
e  latter  point, 
IS  as  far  as  the 
Etchemin,  ex- 
or  1,500  feet 
olonged  to  the 
n  side  of  Lake 
run  into  this 
)een  observed, 
se  to  the  north 
ame  and  Lake 
the  sea.  For 
by  the  United 
of  a  horizon- 
1  short  ridges, 

00  feet.    The 
inters  who  oc- 

1  it  for  timber, 
I  consequence 
rhey  have  an 
but  their  cha- 
e  first  English 
rsey,*  whose 
leh  better  nie- 
above  a  base» 
le  well-known 

;e  of  those  of 
>f  the  present 
egion  in  ques- 
re  than  1,206 
t  distinguished 
"highlands  of 
f  the  St..Law- 

lissioners : 
tions  from  the 
1  1798,  at  the 


source  of  the  St.  Croix  to  a  point  four  miles  beyond  the  left  bank  of  the 
St.  John,  in  the  neichborhood  of  the  Grand  Falls.  In  the  course  of  this 
not  only  has  no  highland,  dividing  waters  which  run  into  the  St.  Law-'^ 
rence  from  those  which  run  into  the  Atlantic,  been  reached,  but  no  com- 
mon source  or  reservoir  of  two  streams  running  in  opposite  directions.  * 
No  place  has  therefore  been  found  which,  bv  any  construction  proposed 
or  attempted  to  be  put  on  the  words  of  the  treaty  of  1783,  can  be  consid- 
ered as  the  northwest  angle  of  Nova  Scotia.  This  point  must,  in  coJise- 
quence,  lie  in  the  further  prolongation  of  the  meridian  line  to  the  north. 

2d.  The  streams  whose  title  to  the  name  of  the  northwesternmost 
head  of  the  Connecticut  river,  is  in  dispute,  have  been  explored,  and  the 
line  of  the  highlands  has  been  traced  from  their  sources  to  the  point  at 
which  the  Ijnes  respectively  claimed  by  the  two  nations  diverge  from  each 
other.  ° 

3d.  The  line  claimed  by  Messrs.  Featherstonhaugh  and  Mudge,  on  the 
part  of  Great  Britain,  has  been  in  a  great  measure  explored, 

4th.  The  line  of  highlands  claimed  by  the  United  States  has,  with  some 
small  exceptions,  been  thoroughly  examined,  and  its  prolongation,  as  far 
as  the  north  shore  of  the  Bay  of  Chaleurs,  reconnoitred.  The  parts  of 
the  line  which  have  not  been  actually  reached  have  been  seen  from  a  dis- 
tance, and  streams  flowing  from  them  crossed  and  levelled.  From  the 
former  indication,  it  is  probable  that  the  average  height  of  those  parts  ex- 
ceed that  of  the  neighboring  parts  of  the  line.  From  the  heights  of  the 
streams,  it  is  certain  that  the  lowest  gaps  in  the  unexplored  portion  of  the 
line  cannot  be  less  elevated  than  1,000  feet  above  the  level  of  the  sea. 

That  part  of  this  line  of  highlands  which  lies  east  of  the  sources  of  the 
Rimouski,  fulfils  to  the  letter  the  words  of  the  Royal  Proclamation  of  1763 
and  the  contemporaneous  commission  of  Governor  Wilmot.  The  first  of 
those  instruments  defines  the  mouth  of  the  river  St.  Lawrence  by  a  line 
drawn  from  Cape  Rosieres  to  the  St.  John  river,  (on  the  Labrador  coast-) 
and  therefore  all  to  the  eastward  of  that  line  is  "  the  sea."  The  height 
of  land  thas  trace4,by  the  Commission,  rising  from  the  north  shore  of  the 
Bay  des  Chaleurs  at  its  western  extremity,  divides  waters  which  fall  into 
the  river  St.  Lawrence  from  those  which  fall  into  the  sea,  and  is  the  south- 
ern boundary  of  the  province  established  by  the  proclamation  of  1763,  un- 
der the  name  of  Quebec.  The  identity  of  the  line  defined  in  the  procla- 
Unation  of  1763  and  the  boundary  of  the  United  States  in  the  treaty  of  1783 
-has  been  uniformly  maintained  on  the  part  of  the  United  States;  and  is 
not  merely  admitted,  but  strenuously  argued  for,  in  the  report  of  Messrs. 
Featherstonhaugh  and  Mudge. 

?     The  undersigned  therefore  report  that  they  have  explored,  and,  in  a 

igreat  measure,  surveyed  and  levelled,  a  line  of  highlands  in  which  the 

Snorthwest  angle  of  Nova  Scotia  lies,  and  which,  in  their  opinion,  is  the 

true  boundary  between  the  States  of  Maine  and  New  Hampshire,  and  the 

British  Provinces. 


% 


*  The  levellings  carried  along  this  meridian  line  by  means  ef  spirit  levels,  alluded  to  in  the  note 
8t  bottom  of  page  12,  passed  .Mars  hill  at  a  depression  of  12  feet  below  the  level  of  the  base  of  the 
iiLjiiuni^nt  which  stD'nis  (excrpt  ul  scasuus  ol  exUeiiit;  urougiit)  in  luo  water  at  the  source  ot  the 
St.  Croix. 


16 


Doc.  No.  31. 


II.  Examination  of  the  argument  contained  in  the  leport  of  Messrs. 

Murfsie  and  Feathcrntonhaugh. 

The  progress  whicli  ^  ber  iuaHe  in  the  firbt  portion  of  the  duties  oi 
Ihe  Comiiiiiisi   i.<  rs  has  i    t  i  forth  in  the  preceding  part  of  this  leport. 

Although,  as  wiJI  h»s  ibc.esi  a,  the  task  of  ■  (iniiinjf  the  meridian  line  of 
the  monument  niatkiAg  the  souic .  uf  the  St.  Croix,  ,,d  of  exploring  and 
surveying  llto  J»n«  *  uf  highlands  respectively  claimed  >  re  Governments 
of  the  United  States  and  Great  Britain,  has  not  been  completed,  yet  enough 
has  been  don«  l'»  fMrnioi,  materials  for  n  examination  of  the  argument 
preferred  by  Meatus.  Mudge  jnd  Featherbtonhaugh  in  support  of  Ihe  novel 
ibrm  in  which  the  r)<iiiii  til  f«r«at  Britain  has  been  prr«ented  by  them. 

In  the  surveys  made  by  di  >ection  of  the  Commissioi.ers,  upder  the  .5th 
article  of  the  treaty  of  Ghent,  the  difficult  character  of  the  country  had 
prevented  any  other  method  of  exploration  than  that  of  ascending  rivers 
to  their  sources.  It  was  believed,  on  the  part  of  the  United  States,  that 
the  determination  of  the  position  of  these  sources  was  sufficient  for  the 
demarcation  oi  the  line  of  highlands,  in  relation  to  which  the  controversy 
€xists,  and  no  attempt  was  made  to  meet  the  British  argument  by  the  ex- 
liibition  of  the  fact  that  the  lines  joining  these  sources  run  in  some  cases 
along  ridges,  and  in  other  cases  pass  over  elevations,  to  which,  in  any 
sense  of  the  term,  the  epithet  of  "  highlands"  may  be  justly  applied. 
The  denial  of  this  mode  ot  determining  the  line  of  highlands,  by  Gr^eac 
Britain,  has  made  it  important  that  both  the  lines  claimed  by  Great  Bri- 
tain and  by  the  United  States  should  be  explored  and  levelled — a  task 
•wh''*h,  until  recently,  had  not  been  attempted  on  either  part.  The  ex- 
wm^,  4ion  '  the  lines  claimed  by  the  two  nations,  respectively,  has  been 
in  a  great  i>  easure  accomplished,  as  will  be  seen  from  the  reports  of  the 
ueld  open  ons  of  the  Commission,  while  such  of  these  determinations 
as  have  a  direct  bearing  on  the  argument  will  be  cited  in  their  proper 
place  in  this  report. 

it  is  to  be  regretted  that  the  document  now  under  consideration  exhibits 
many  instances  of  an  unfriendly  spirit.  Charges  of  direct  and  implied 
fraud  are  made,  and  language  is  used  throughout  that  is  irritating  and  in- 
sulting. It  is  fondly  hoped  that  these  passages  do  not  express  the  senti- 
ments of  the  British  nation,  as  in  a  state  of  feeling  such  as  this  report  in- 
-dicates  little  hope  could  be  entertained  of  an  amicable  adjustment  of  this 
question.  Any  inferen  :e  to  be  drawn  from  the  language  of  the  report 
tinder  consideration  is  contradicted  by  the  official  declarations  of  the 
British  Government,  and  may  therefore  be  considered  as  the  individual 
act  of  the  authors,  not  as  the  deliberate  voice  of  the  nation  by  which  they 
were  employed. 

It  might  have  been  easy  to  have  retorted  similar  charges,  and  thus  ha.  v. 
«xcited  in  the  Government  of  Great  Britain  feelings  of  irritation  similar 
to  those  which  pervaded  the  whole  population  of  the  United  States  on  the 
reception  of  that  report,  ^''hile,  however,  it  is  due  to  the  honor  of  the 
United  States  to  declare  th.  no  desire  of  undue  aggrandizement  has  been 
felt — no  claim  advanced  L<^y  .        ■  hat  ■\  strict  construction  of  their  rights 

unfounded  in  fact  or  princi,,K  r  vr  oeen  ad^/  'sfed  with  a  like  disregard 
io  mere  extension  of  territoiy,  ai,J  urged  witu  the  same  good  faith  which 
has  uniformly  characterized  the  proceedings  of  the  United  States. 


Doc.  No.  31. 


17 


/  of  Messrs. 


ilic  duties  of 
3f  this  leport. 
Midian  line  of 
exploring  and 
Government 
d, yet  enough 
he  argument 
t  oflhe  novel 
by  them, 
nder  tho  .5th 

country  had 
ending  rivers 
1  States,  that 
cient  for  the 
3  controversy 
nt  by  the  ex- 
>  some  cases 
'hich,  in  any 
stly  applied. 
ids,  by  Gr/cat 
Y  Great  Bri- 
elled — a  task 
rt.  The  ex- 
j|y,  has  been 
eports  of  the 
iterminations 
their  proper 

ition  exhibits 
and  implied 
ating  and  in- 
;ss  the  senti- 
lis  report  in- 
tment  of  this 
>f  the  report 
tions  of  the 
e  individual 
f  which  they 

nd  thus  ha... 
ition  similar 
States  on  the 
honor  of  the 
enthas  been 
f  their  rights 

ke  disregard 
I  faith  whieb 
Yates. 


1 


4 


It  is  not  (o  be  wondered  that  the  claims  of  Great  Britain  have  been 
urged  with  the  utmost  pertinacity,  and  supported  by  every  possible  form 
of  argument.  The  territory  in  question  is  of  great  %alue  to  her,  by  cover- 
ing the  only  mode  of  communication  which  can  exist,  lor  nearly  eix  months 
^in  the  year,  not  only  between  two  valuable  oolonies,  but  between  the  most 
important  of  all  her  possessions  and  the  mother  country.  The  time  is  not 
long  past  when  the  use  of  this  very  conununication  was  not  an  unimpor- 
tant purt  of  the  means  by  which  that  colony  wiii  restrained  from  an  at- 
temj*'  to  asflcrt  its  independence.  It  is  not,therei  ;e,  surprising  that  the 
feelings  of  British  statesmen,  and  of  those  who  desired  to  win  their  (dvor, 
have  been  more  obvious,  in  the  several  arguments  which  (  ive  appeared 
on  that  side  of  the  question,  than  a  sober  view  of  the  true  principles  on 
which  alone  a  correct  opinion  of  the  case  can  be  founded. 

To  the  United  States,  in  their  collective  capacity,  the  territory  in  dis- 
pute is,  on  the  other  hand,  of  comparatively  little  moment.  No  other  de- 
sire is  felt,  throug'n  jui  the  ^/x-ater  part  of  the  Unio«,  than  that  the  ques- 
tion should  be  settled  upon  just  principles.  No  regret  could  therefore  be 
widely  felt,  if  it  should  be  satisfactorily  shown  that  the  title  of  Great  Bri- 
tain to  this  rr-M  n  is  indisputable.  But  shoukl  it  be  shown,  as  is  beyond 
all  question  the  fict,  that  the  title  is  in  truth  in  the  United  States,  nation- 
al honor  forbids  that  this  title  should  be  abandoned.  To  the  States  of 
Maine  and  Massachusetts,  who  are  the  joint  proprietors  of  the  unseated 
•ands,  the  territory  is  of  a  certain  importance,  from  the  value  of  the  land 
and  timber,  and  to  the  latter,  within  whose  jurisdiction  it  falls,  as  a  futuie 
means  of  increasing  her  relative  importance  in  the  Union;  and  a  just  and 
proper  feeling  on  the  part  of  their  sister  States  must  prevent  their  yield- 
ing to  any  unfounded  claim,  or  the  surrender  of  any  territory  to  which  a 
title  can  be  established,  without  an  equivalent  satisfactory  to  those  States. 

To  show  the  basis  on  which  the  title  rests : 

It  is  maintained,  on  the  part  of  the  United  States,  that  the  territory 
they  held  on  tho  continent  of  North  America,  prior  to  the  purchase  of 
Louisiana  and  the  Floridas,  was  possessed  by  a  title  derived  from  their 
own  Declaration  of  Independence,  on  the  4th  of  July,  1776  ;  the  asser- 
tion of  that  independence  in  a  successful  war;  and  its  acknowledg- 
ment by  Great  Britain  as  a  preliminary  to  any  negotiation  for  a  treaty  of 
peace.  It  is  admitted,  on  the  part  of  Great  Britain,  that  a  territory  de- 
signated by  certain  limits  was  granted  to  the  United  States  in  the  treaty 
of  1783.  As  a  matter  of  national  pride,  the  question  whether  the  terri- 
tory of  the  original  United  States  w<  re  held  by  a  right  of  war  or  by  vir- 
tue of  a  grant  from  the  British  Crown  is  not  unimportant;  as  a  basis  of 
;i«'e,  it  has  not  the  lyeast  bearing  on  the  subject.  From  the  date  of  the 
''^  ity  of  176.i,  all  pretensions  of  the  British  Crown  to  jurisdiction  or  pro- 
perty, within  the  limits  prescribed  by  the  provisions  of  that  instrument, 
ceased;  and  when  a  war  arose,  in  18' 2,  between  the  two  nations,  it  was 
terminated  by  the  treaty  of  Ghent,  in  which  the  original  boundaries  were 
confirmed  and  acknowledged  on  both  sides 

The  treaty  of  1783,  therefore,  is,  in  reference  to  this  territory,  the  only 
instrument  of  binding  force  upon  the  two  parties  ;  nor  can  any  other  doc- 
ument be  with  propriety  brought  forward  in  the  discussion,  except  for 
the  purpose  of  explaining  and  rendering  definite  such  of  the  provisions 
of  that  treaty  as  are  obscure  or  apparently  uncertain. 

The  desire  of  full  and  ample  illustration,  which  has  arcuated  both  par- 
2 


k 


18 


Doc.  No.  31. 


ties,  has  led  to  the  search,  among  neglected  archives,  for  documents  al- 
most innumerable ;  and  their  force  and  bearinj;  upon  the  question  have 
oecn  exhibited  in  arguments  of  great  ability.  Such  has  been  the  talent 
shown  in  this  task  ol  illustration,  and  so  copious  hava  been  the  materiala 
employed  for  the  purpose,  that  the  great  and  only  important  question,  al- 
though never  lost  sight  of  by  the  writers  themselves,  has,  to  the  eye  of 
the  casual  observer,  been  completely  hidden,  In  the  report  under  con- 
sideration, this  distinction  between  tieptieo  of  binding  force  and  docu- 
uments  intended  for  mere  illustration  has  not  been  regarded  ;  and  the 
vague  as  well  as  obviously  inaccurate  delineations  of  a  French  or  a  Veni- 
tian  map-maker  are  gravely  held  forth  as  of  equal  value  for  a  basis  of  ar- 
gument as  the  solemn  and  ratified  acts  of  the  two  nations. 

In  pursuance  of  this  desire  of  illustration,  every  known  document  which 
could  in  any  form  support  either  claim  has  been  advanced  and  set  forth 
in  the  statements  laid  before  His  Majesty  the  King  of  the  Netheilands, 
when  acting  as  umpire  under  the  5th  article  of  the  treaty  of  Ghent.  U 
not  yet  given  entire  to  the  public,*  they  are  in  the  possession  of  both  Gov- 
ernrnents  in  a  printed  form,  together  with  the  opinion  of  the  arbiter  in  re- 
spect to  them  ;  and  althou;^  it  is  necessary  that  the  arguments  then  addu- 
ced in  favor  of  the  American  claim  should  be  in  part  repeated,  and  al- 
though new  illustrations  of  the  correctness  of  that  argument  have  since 
been  brought  to  light,  the  present  document  will  be  confined  as  closely 
as  possible  to  the  provisions  of  the  treaty  itself,  and  will  adduce  no  more 
of  illustration  than  is  barely  sufficient  to  render  the  terms  of  that  treaty 
certain  and  definite. 

The  boundaries  of  the  United  States  are  described,  in  the  treaty  of  1783, 
in  the  following  words: 

"  And  that  all  disputes  which  might  arise  in  future  on  the.  subject  of 
the  boundaries  of  the  said  United  States  may  be  prevented^  it  is  heieby 
agreed  and  declared  that  the  following  are  and  shall  be  their  boundaries, 
viz : 

"From  the  xortiiwkst  angle  of  Nova  Scotia,  viz:  That  angle 
which  is  formed  by  a  line  drawn  due  north  from  the  source  of  St.  Croix  river 
to  the  highlands;  along  the  said  highlands  which  divide  those  rivers  that 
empty  themselves  into  the  river  St.  Lawrence  from  those  which  fall  into  the 
A/latitic  ocean,  to  the  nortliwesternmost  head  of  the  Connecticut  river ; 
thence^  down  along  the  middle  of  that  river,  to  the  forty-fifth  degree  ot 
north  latitude  ;  from  thence,  by  a  line  due  w'est,  on  said  latitude,  until  it 
strikes  the  river  lioquois  or  Cataraquy  ;  thence,  along  the  middle  of  said 
river,  into  lake  Ontario ;  through  the  middle  of  said  lake  until  it  strikes 
the  communication  by  water  between  that  lake  and  Lake  Erie  ;  thence, 
along  the  middle  of  s;iid  communication  into  liake  Erie,  through  the  mid- 
dle of  said  lake  until  it  arrives  at  the  water  communication,  between  that 
lake  and  Lake  Huron;  thence,  akng  the  middle  of  said  water  communica- 
tion, info  Lake  Muion  ;  thence,  through  the  middle  of  said  lake,  to  the  water 
communication  hctweeti  that  lake  and  Lake  Superior;  thence,  through 
Lake  Superior,  northward  of  the  isles  Royal  and  Pliilipeaux,  to  the  Lon;;; 


•  A  conniderable  part  of  the  papers,  fogetiier  with  the  argument,  f"»«  been  publinheil  by  Mr.  Hal- 
tin   in  his  "  Itight  of  the  United  States  to  the  Northeastern  Boundiry,"  New  York,  1840,  8  va. 


ocean. 


til  itVJl 


tatir 
pp.  160 


Doc.  No.  31. 


19 


documents  al- 
question  have 
)een  the  talent 
n  the  materials 
tit  question,  al- 
,  to  the  eye  ol 
ort  under  con- 
gee and  docu- 
irded  ;  and  the 
inch  or  a  Veni- 
r  a  basis  of  ar- 

ocument  which 
I  and  set  forth 
e  Nethei  lands, 
•  of  Ghent,  it 
)n  of  both  Gov- 
e  arbiter  in  re- 
;nts  then  addu- 
peated.  and  al- 
jnt  have  since 
ined  as  closely 
dduce  no  more 
s  of  that  treaty 

treaty  of  1783, 

the  subject  of 
',(/.,  it  is  heieby 
eir  boundaries, 

J :  That  angle 
6V.  Croix  river 
'lose  rivers  that 
chfoll  into  the 
necticut  river; 
■fifth  degree  ot 
atitude,  until  it 
middle  of  said 
until  it  strikes 
i  Erie  ;  thence, 
rougli  the  mid- 
I,  between  that 
er  comraunica- 
ke,to  the  water 
hence,  through 
IX,  to  the  Lonji; 
;he  water  eoiu 

bliHhe.1  bv  Mr.  Gal- 
IT  York,  1840,  8  v<». 


munication 
le  Woods ; 


between  it  and  the  Lake  of  the  Woods,  to  the  said  Lake  of 
ce, 


iiroui 


the 


sai 


ce,  to 


.__  ,  ,  ^  ,  e  most  north wesiern  point 

thereof;  and  fiora  thence,  on  a  due  west  course,  to  the  river  Mississippi ; 
thence,  by  a  line  to  be  drawn  along  the  middle  of  the  said  river  Mississippi^ 
until  it  shall  ^intersect  the  northernmost  part  of  the  thirty-first  degree  of 
north  latitude  ;  south  by  a  line  to*be  drawn  due  east  from  the  determii)a- 
tion  of  the  line  last  mentioned  in  the  latitude  of  thirty-one  degrees  north 
of  the  equator,  to  the  middle  of  the  river  Appalachicola  or  Cotahouche ; 
thence,  along  the  middle  thereof,  to  its  junction  with  the  Flint  niver; 
thence  straight  to  the  head  of  St.  Mary's  river ;  and  thence,  down  along  the 
middle  of  St.  Mary's  river,  to  the  Atlantic  ocean ;  east,  by  a  line  to  be 
drawn  along  the  middle  of  the  river  St.  Croix,  from  its  mouth  in  the  Bay 
of  Fundy  to  its  source,  and  from  its  source  directly  north  to  the  aforesaid 
highlands  which  divide  the  rivers  that  fall  into  the  Atlantic  ocean  from 
those  which  fall  into  the  river  St.  Lawrence  ;  comprehending  all  islands 
within  twenty  leagues  of  any  part  of  the  shores  of  the  United  States,  and 
lying  between  lines  to  be  drawn  due  east  from  the  points  where  the  afore- 
said boundaries,  between  Nova  Scotia  on  the  one  part  and  East  Florida 
on  the  other,  shall  respectively  touch  the  Bay  of  Fundy  and  the  Atlantic 
ocean,  excepting  such  islands  as  now  are  or  heretofore  have  been  within 
the  limits  of  the  said  province  of  Nova  Scotia." 

So  far  as  the  present  question  is  concerned,  five  points  of  discussion 
are  presented  by  this  article  of  the  treaty  of  1783. 

1st.  What  stream  is  to  be  understood  by  the  name  of  the  river  St. 
Croix  ? 

2d.  The  determination  of  the  line  due  north  from  the  source  of  that 
river. 

3d.  What  is  the  position  of  the  northwest  angle  of  Nova  Scotia  ? 

4th.  The  delineation  of  the  line  passing  through  the  highlands  from  that 
angle  to  the  northwest  head  of  the  Connecticut  river. 

6th.  What  is  to  be  considered  as  the  nortiiwestern  head  of  the  Connec- 
iiicut  river  ? 


J. — River   St.  Croix. 

'      Doubts  in  respect  to  the  particular  liver  intended  to  be  understood  by 
Uhe  name  of  the  St.  Croix  having  arisen,  an  article  was  inserted  in  the 
treaty  of  commerce  signed  in  London  in  November,  l794,  by  Lord  Gren- 
ville,  on  the  part  of  Great  Britain,  and  by  John  Jay,  on  the  part  ot  the 
^'United  States.*     This  article,  the  fifth  of  that  treaty,  provided  for  the  ap- 
'^pointment  of  a  joint  commission,  with  full  powers  to  decide  that  question- 
This  commission  was  constituted  in  conformity,  and  the  award  was  accep- 
ted by  both  Governments. f     The  river  designated  in  this  award  became 
thenceforth  the  true  St.  Croix,  however  erroneous  may  have   been  the 
grounds  on  which  it  was  decided  so  to  be.     When,  therefore,  in  the  fourth 

the  source  of  the  St.  Croix  has  not  been  surveyed,  and  when  in  thi^  and 
the  other  articles  of  the  same  treaty  all  other  uncertain  parts  of  the  boun- 

•  Note  I.     t  Note  II.  ' 


20 


Doc.  No.  31. 


dary  are  recited,  the  validity  of  the  decision  of  the  Commissioners  under 
the  5th  article  of  Jay's  treaty  is  virtually  acknowledged.  Nay,  more,  the 
acknowledgment  is  completed  by  the  stipulation  in  the  second  article  o3 
the  treaty  of  Ghent,  that  "'all  territory,  places,  and  possessions,  taken  by 
either  party  during  the  war,"  with  cgrtain  exceptions,  shall  be  forthwith 
restored  to  their  previous  possessors.  *  The  only  exceptions  are  the  is- 
lands in  Passamaquoddy  bay  ;  and  had  it  been  believed  that  any  uncer- 
tainty in  respect  to  the  adjacent  territory  existed,  it  would  not  have  been 
neglected.  Nay,  more,  all  .the  settlements  lying  within  the  line  ciaimetil 
by  Great  Britain  before  the  commission  created  by  the  treaty  of  1794  ha<a 
been  taken,  and  were  in  her  actual  possession  at  the  time  the  treaty  of 
Ghent  took  eflfect,  and  were  forthw;:h  restored  to  the  jurisdiction  of  the 
United  States.  When  also  it  became  necessary  to  proceed  to  the  inves- 
tigation of  the  second  point  of  the  discussion,  the  agents  and  surveyors  oi 
both  parties  proceeded,  as  a  matter  of  course,  to  the  point  marked  in  1796 
as  the  source  of  the  St.  Croix,  f  This  point  is  therefore  nxed  and  estab- 
lished beyond  the  possibility  of  cavil,  and  the  faith  of  both  Governments 
is  pledged  that  it  shall  not  be  disturbed. 


II. — Due  north  line  from  the  source  of  the  SC  Croix. 

The  treaty  of  1783  provides  that  the  boundary  from  the  source  of  the 
St  Croix  shall  be  drawn  "  directly  north.  "  In  relation  to  this  expression, 
no  possible  doubt  can  arise.  It  is  neither  susceptible  of  more  than  a  sin- 
gle meaning,  nor  does  it  require  illustration  from  any  extrinsic  source. 
The  undersigned,  therefore,  do  not  consider  that  so  much  of  the  argument 
of  Messrs.  Mudge  and  Featherstonhaugh  as  attempts  to  show  that  this 
line  ought  to  be  drawn  in  any  other  direction  than  due  north  requires 
any  reply  on  the  part  of  the  United  States.  Admitting  that  the  words  had 
been  originally  used  as  a  mistmnslation  of  terms  in  the  Latin  grant  oi 
James  I.  to  Sir  William  Alexander,  the  misconception  was  equally  shared 
by  both  parties  to  the  treaty  of  1783;  and  it  will  be  shown  hereafter  thai 
this  misconception,  if  any,  had  its  origin  in  British  otficial  papers.  Were 
it  capable  of  proof  beyond  all  possibility  of  denial,  that  the  limit  of  the 
grant  to  Sir  W'iiliam  Alexander  was  intended  to  be  a  line  drawn  towards 
the  northwest,  instead  of  the  north,  it  would  not  aftect  the  question.  So 
far  as  that  grant  was  used  by  American  negotiators  to  illustrate  the  posi- 
tion of  the  northwest  angle  of  Nova  Scotia,  it  would  have  failed  to  fultj. 
the  object;  but  such  failure  in  illustration  does  not  involve  the  nullity  ol 
the  treaty  itself. 

That  the  translation,  which  has  hitherto  been  universally  received  as 
correct,  of  the  terms  in  the  grant  to  Sir  William  Alexander  is  the  true 
one,  and  that  the  new  construction  which  is  now  attempted  to  be  pui 
upon  it  is  inaccurate,  will  be  shown  in  another  place  ;  t  where  will  also 
be  exhibited  an  error  committed  in  re'-dering  the  sense  of  another  part  o( 
that  instrument.  The  consideration  of  the  correctness  or  incorrectness  o! 
the  several  translations  can  form  no  pari  of  the  picscni  argriment.  While, 
therefore,  it  is  denied  that  Messrs.  Mudge  and  Featherstonhaugh  have  suc- 
ceeded in  showing  that  the  grant  to  Sir  William  Alexander  has  been  mis- 
translated, it  is  maintained  that  an  error  in  the  translation  of  this  documerji 

^^        »^N»teIlI.    t  Note  IV.    *  Note  V. 


:an  hav< 
treaty  o 
must  be 
other  di 


The  t 
structior 
etructior 
welt  kn 
marked 
tion  coul 
and  the 
These  < 
1763,  ar 
tia,  of  c( 
this  ans 
of  these 
monly  ci 

Befor 
etances 

Great 
whole  e; 
as  lay  to 
titude,  li 
Crown, 
$ion  of  t 
nations  I 
charters 
cupatibn 
had  ceas 
treaty,  v 
grants  oi 
by  the  I 
ly  veste( 
veyingt 
nrholly, 
jHed  by 
iiccessar 
^ant. 
of  Sagad 
aNt  presei 
if«rs  St 
or,  as  thi 
sp  upwa 
shortest 

-tiivf     pic  3 

*  Schasti 
34th  June, 
▼pred  SiiutI 
«en  to  the 


Doc.  No.  31. 


21 


lissioners  under 
Nay,  more,  the 
lecond  article  o3 
ssions,  taken  by 
all  be  forthwith 
ions  are  the  is- 
that  any  uncer- 
]  not  have  been 
he  line  claimetil 
aty  of  1794  had 
le  the  treaty  of 
risdiction  of  the 
ed  to  the  inves- 
md  surveyors  of 
marked  in  1798 
iixed  and  estab- 
th  Governments 


Croix. 

e  source  of  the 
this  expression, 
nore  than  a  sin- 
xtrinsic  source, 
of  the  argument 

show  that  this 
;  north  requires 
at  the  words  had 
5  Latin  grant  o* 
s  equally  shared 
n  hereafter  thai 

papers.  Were 
he  limit  of  the 
I  drawn  towards 
e  question.  So 
jsirate  the  posi- 
e  failed  to  fulfj^ 
.e  the  nullily  o* 

ally  received  as 
iider  is  (he  true 
ipted  to  be  pui 
where  will  also 
"  another  part  o< 
incorrectness  of 

„.         tin.  ;i.. 

iiiicni.  ^Tsjjjc, 
[laugh  have  suc- 
r  has  been  mis- 
)f  this  document 


'«an  have  no  effect  in  setting  aside  the  simple  and  positive  terms  of  the 
treaty  of  1783.  That  treaty,  and  its  confirmation  in  the  treaty  of  Ghent, 
must  be  admitted  to  be  null  and  void,  before  that  line  can  be  drawn  in  any 
other  direction  than  "  due  north.  " 


^  •,        in. — Northwest  angle  of  Nova  Scotia. 

The  term  northwest  an^le  of  Nova  Scotia  was  used  in  the  secret  in- 
structions of  Congress,  and  is  adopted  in  the  treaty  of  1783.  In  the  in- 
structions, it  is  named  without  any  explanation,  as  if  it  were  a  point  perfectly 
well  known.  In  one  sense  it  was  so;  for  although  it  never  had  been 
hiarked  by  a  monument,  nor  perhaps  visited  by  the  foot  of  man,  its  posi- 
tion could  be  laid  down  upon  a  map — nay,  was  so  on  many  existing  maps — 
and  the  directions  for  finding  it  on  the  ground  were  clear  and  explicit. 
These  directions  aie  to  be  found  in  the  Royal  Proclamation  of  October, 
1763,  and  in  the  commission  to  Montague  Wilmot,  Governor  of  Nova  Seo- 
tia,  of  cotemporaneous  date.  Any  uncertainty  in  regard  to  the  position  of 
this  angle  which  may  have  existed  in  relation  to  the  meaning  of  the  first 
of  these  instruments,  is  removed  by  the  act  of  Parliament  of  1774,  com- 
monly called  the  Quebec  Act. 

Before  citing  these  instruments,  it  will  be  proper  to  refer  to  the  circum- 
stances under  which  the  two  first  were  issued. 

Great  B^'-ain,  after  a  successful  war,  found  herself  in  possession  of  the 
whole  eastern  side  of  the  continent  of  North  America.  So  much  of  this 
as  lay  to  the  south  of  the  St.  Lawrence,  and  the  45th  parallel  of  north  la- 
titude, had  been  previously  made  the  subject  of  charters  from  the  British 
Crown,  under  a  claim  of  right  from  priority  of  discovery.  *  The  posses- 
sion of  this  wide  tract  was  not  uncontested,  and  various  other  European 
nations  had  attempted  to  found  settlements  within  the  limits  of  the  British 
charters.  In  such  cases  it  was  held,  as  a  matter  of  law,  that  where  the  oc- 
cupation or  defence  of  the  territory  granted  had  been  neglected,  the  right 
had  ceased,  and  the  country,  when  recovered  by  conquest,  or  restored  by 
treaty,  was  again  vested  in  the  Crown,  to  be  made  the  subject  of  new 
grants  or  governed  as  a  royal  colony.  Thus,  when  the  settlements  made 
by  the  Dutch  and  Swedes,  which,  by  the  fortune  of  war  had  become  whol- 
ly vested  in  Holland,  were  reduced,  the  Crown  eSercised  its  rights  by  con- 
veying them  to  the  Duke  of  York,  although  covered  in  a  great  part,  if  not 
wholly,  by  previous  charters;  and  when  these  countries  were  again  occu- 
jMed  by  the  Dutch,  and  restored  by  the  treaty  of  Breda,  it  was  thought 
necessary  that  the  title  of  the  Duke  of  York  should  be  restored  by  a  fresh 
gp-ant.  In  both  of  these  charters  to  that  prince,  was  included  the  province 
of  Sagadahock,  within  whose  chartered  limits  was  comprised  the  territory 
at  present  in  dispute.  This  province,  confined  on  the  sea  between  the  ri- 
vers St  Croix  and  Kennebec,  had  for  its  opposite  limits  the  St.  Lawrence, 
or,  as  the  grant  expresses  it,  "  extending  from  the  river  of  Kennebec,  and 
sp  upwards  by  the  shortest  course  to  the  river  Canada  northwards. "  The 
shortest  course  from  the  source  of  the  Kennebec  to  the  St.  Lawrence  is  by 
5«-^  pitacHi  ixcunt-Dcv;  luUu.      i  ma  gnuii,  mereiore,  coverea  me   wnoie 

'Sebastian  Cabot,  in  tlie  employ  of  Henry  VII.,  discovered  the  continent  of  Nortli  America 
S4th  June,  1497  ;  and  explored  it  from  Hudson's  bay.  to  Florida,  in  1498.  Columbus  disco- 
wred  South  America  1st  August,  1498  ;  while  the  voyage  of  Vespucci,  whose  name  has  been  gi- 
«en  to  the  continent,  was  sot  performed  until  lid9.— Humboldt. 


22 


Boc.  No.  31. 

from  about  the  mouth  of  the  Chaudiere 


space  along  the  St.  Lawrence,  ••o'"  f^^^^^^u';^  Alexander.    By 
river*  to  the  eastern  hmit  of  the  ^'-'-^^^^^^''^^X'Tct  of  attainder,  it  mat-       . 
accession  of  James  II.,  or  as  ^0"^^  mamU.n  by  ^he  ^^J  ^^    itgranted, 

ters  not  which,  this  province  reverted  o  ^^e  Crown   a  ,  ^^^^  ^^^ 

in  1 69 1 ,  to  the  colony  of  Massachu^eU^  '^^ar  Grant,  as  ii  fact  it  was; 

tia  also  was  included.      1  his  has  ^^^en  caiieu  ,.         giygs  of  it  by  con- 

and  the  colony  of  Massachusetts  ^peed.ly  a^  ailed  themseiv  j 

;?4triXr.r/r  fefvr«^:tlivrafa!uSn  .one,  o.  .  n.e„ 

to  her  transatlantic  possessions.  charged  with  any 

The  colony  of  Massachusetts,  therefore   ^^"^^^^^^^^^^  in  ques- 

want  of  energy  in  asserting  her  chartered  right    to^heter.y^^^M^^^ 

lion.     It  is  in  fact  due  to  her  -'^^''.t'^"  '  ^^f^^^^^ssession  of  the  British 
Brdnswiclc  came,  at  ««  ^^^'^  f.^'^nfastr  Ts  Fort  Royal,  at  thehead 
Crown.    In  1654,  the  F'^nchsettlements  as  far  as  to^t       y    , 
of  the  Bay  of  Fundy,  were  reduced  by  Major  Sedgwitt ,  y 

of  Breda  they  were  restored  ^o  France.  ^  ^  ^^..^^  of 

In  1690,  Sir  William  Philhpps,  Governo.  ^^  ^j'X  "ou^       ;  and  al- 
700  men'raised  in  that  colony     «S-"  ^^"^"hTirHLn!poss^e;sioa  w 
though  on  his  return  the  French  ^l>«»o'^6;^^\*^"chu  ch      Acadie,  howev- 
forthwith  resumed  by  an  expedition  under  Col-  <^hi^rch  ,^^ 

er,  or  Nova  Scotia,  was  ceded  again  to  7f"',^^^^^^^^^^^ 
;7ck.     After  several  spirited, but  --^^^^^^'^^^'Xl^^^^^^^  four  of 

the  succession,  General  Nicholson,  with  a  ^^'ce  ol  »ive  lep  , 

Ihich  were  levied  in  Massachusetts^  reduce^ 
tulationthepresentprovincesofNovaScotiaandi>ew^  ^^^^^^ 

manently  annexed  to  the  B-tish  Crown,  t  J^^"^^^^^^^^^  territory,   and 

setts,  during  the  war  of  1776,  took  \^^^^f''''\^l\^^^^^:,or.i,i^x,ol 
occupied  it  until  the  date  of  the  treaty  ol  783  ^h  ^^ccup  ^^^^^^  ^^^ 
limited  by  the  St.  Croix,  or  even    by  the  St    Jo^"'  t)  ^^^^j^  ^^ 

whole  of  the  southern  part  of  New  6^""^^   .^^'J^^^^^^^^  of 

Nova  Scotia  was  only  preserved  to  Great  Britain  by  the 
the  isthmus  which  unites  it  to  tbe  main  >and.  I  ^f 

The  recession  of  Acad.e  ("[/^^va  Scotia)  «  ^  «nce ^^^^^  ^^^  .^,^^ 
Ryswick,  divested  Massachusetts  only  of  ^be  ^^'[^^^/yifi^  ^^  Sagadahock 
charter  of  1691,  under  the  Y'^f.^^r^'^J^ZZ^^^^^^^  the 

was  confirmed  by  a  conquest  with  her  P^^"  ""f'.^w  ^g'she  was  at  the 
cession  of  Nova  Scotia  was  a  manifest  >"3;^f«^^^J7h;  purpose  of  Great 
THoment  in  full  possession  of  .t.  It,  bowever  suited  ^bj  P^'-pos .  ^^  ^^ 
Britain  to  barter  this  part  of  the  conquest  of  that  colony  j 

more  immediate  interest.  ,  ^      f  Sagadahock 

Admitting  that  England  did  convey  ^P^.^   °^^^^^^^^  con- 

10  France,  under  the  vague  name  of  ^f .^'^^  ^,^.^0  this  mich  at  least; 
quest  by  Massachusetts  in  1710,  reae wed  ^^  "gbts  to '^^^^^^ 
Ld  although  the  Crown  appropriated  to  itself  the  lu,nsjhareot^the^^p  ^^, 
by  making-Nova  ScoUa  a  roy a   ui^vince   u  u.  ...  -^^^^  „,  ,He 

^oTar^elr^l^a^^li^dlt^r^ 

—  -— —— — ,.  ,    I  CI  . ,  07    ^  Do  n   244  to  2S9.   ^  See  Note  VII. 

♦  Note  VI.  fHaliburlorrs  Hislory,  \  ol.  I.,  p.  63  to  87.  ,  Do.  p. 


I 


1783. 


ny^ 


Doc.  No.  31. 


23 


Chaudiere 
'.  By  the 
ler,  it  mat- 
it  granted, 
Nova  S  co- 
fact  it  was; 
■  it  by  con- 
id  of  Cape 
New  Eng- 
deeply  en- 
r  or  in  men 

"d  with  any 
>ry  in  ques- 
ia  and  New 
the  British 
at  thehead 
y  the  treaty 

ith  a  force  of 
ry  ;  and  al- 
ssession  was 
die,  howev- 
aty  of  Rys- 
ig  the  war  of 
ents,  four  of 
d  by  its  capi- 
ck  were  per- 
ofMassachu- 
irritory,   and 
Uion  was  not 
included  the 
peninsula  of 
artification  of 

the  treaty  of 
ed  her  in  the 
,  Sagadahock 
and  even  the 
le  was  at  the 
pose  of  Great 
for  objects  of 

f  Sagadahock 
ia,  §  the  con- 
much  at  least ; 
5  of  the  spoils, 
to  disturb  her 
mission  of  the 
Uhough  it  was 

.  %  See  Note  VII. 


stated  in  a  saving  clause  that  the  province  of  Nova  Scotia  extended  of 
right  to  the  Penobscot.  From  that  time  until  the  breaking  out  ot  the  Re- 
volutionary War,  a  space  of  more  than  60  years,  the  province  of  Sagada- 
hock was  left  in  the  undisturbed  possession  of  Massachusetts  under  the 

charter  of  1691.  *u       •  u» 

In  defiance  of  this  charter,  the  French  proceeded  to  occupy  the  right 
bank  of  the  St.  Lawrence,  which,  at  the  time  of  the  capture  of  Quebec 
and  the  cession  in  the  treaty  of  1763,  was  partially  held  by  settlements  of 
Canadians.  The  Crown,  therefore,  acted  upon  the  principle  that  the  right 
of  Massachusetts  to  the  right  bank  of  the  St.  Lawrence  had  thus  become 
void  and  proceeded  by  proclamation  to  form  the  possessions  of  France  on 
both' banks  of  the  St.  Lawrence  into  a  Royal  Colony,  under  the  name  of 

the  Province  of  Quebec.  _  .    r  m    „„ 

This  was  not  done  without  a  decided  opposition  on  the  part  ot  Massa- 
chusetts, but  any  decision  in  respect  to  her  claims  was  rendered  needless 
by  the  breaking  out  of  the  War  of  Independence.  It  is  only  proper  to 
remark  that  this  opposition  was  in  lact  made,  aqd  that  her  claim  to  the 
ri^ht  bank  of  the  St.  Lawrence  was  only  abandoned  by  the  treaty  ot 
1783  The  country,  of  which  it  was  intended  to  divest  her  by  the  procla- 
mation of  1763,  is  described  in  a  letter  of  her  agent,  Mr.  Mauduit,tothe 
.'eneral  court  of  that  colony,  as  "the  narrow  tract  of  land  which  lies  be- 
yond the  sources  of  all  your  rivers,  and  is  watered  by  those  which  run 

into  the  St.  Lawrence."  .  r  a*  a      u       .f- 

It  is  assigned  by  him  as  a  reason  why  the  province  of  Massachusetts 
should  assent  to  the  boundary  assigned  to  the  province  of  Quebec  by  the 
Proclamation,  that  "  it  would  not  be  of  any  great  consequence  to  you, 
fMassachusetts,]  but  is  absolutely  necessary  to  the  Crown  to  preserve 
the  continuity  of  the  province  of  Quebec."     The  part  of  the  province  of 
Quebec  whose  continuity  with  the  rest  of  that  colony  was  to  be  preserv- 
ed is  evidently  ihe  district  of  Gaspe,  of  which  Nova  Scotia,  a  royal  colo- 
ny was  divested  by  the  same  proclamation.     For  this  continuity  no  more 
was  necessary  than  a  road  along  the  St.  Lawrence  itself,  and  the  reason 
would  have  been  absurd  if  applied  to  any  country   lying  beyond  the 
streams  which  fall  into  that  river ;  for  up  to  the  present  day  no  communi- 
cation between  parts  of  Canada  exists  through  any  part  of  the  disputed 
territory.     The  narrow  territory  thus  advised  to  be  relinquished  extends, 
according  to  the  views  of  Messrs.  Mudge  and  Featherstonhaugh,  from  the 
Great  falls  of  the  St.  John  to  Quebec— a  distance  in  a  straight  line  ot  IbO 
miles.     It  has  a  figure  not  far  from  triangular,  of  which  this    me  is  the 
perpendicular,  and  the  shore  of  the  St.  Lawrence,  from  the  Chaudiere  o 
the  Metis,  the  base.     It  contains  about  16,000  square  miles.     It  wou  d 
have  been  a  perversion  of  language  in  Mr.  Mauduit  to  describe  this    o 
his  employers  as  a  narrow  tract.     But  the  space  whose  cession  he  really 
intended  to  advise  is  in  every  sense  a  narrow  tract ;  tor  its  length  along 
the  St.  Lawrence  is  about   200  miles,  and  its  average  breadth   to   the 
sources  of  the  streams  30.     It  contains  6,000  square  miles,  and  is  descri- 
bed by  him  in  a  manner  that  leaves  no  question  as  to  its  extent  being 
"  watered  by  streams,"  which  "  run  into  the  St.  Lawrence.       It,  there- 
fore, di«l  not  include  any  country  watered  by  streams  which  ru»  into  the 

St.  John.  ,     ,     , 

It  is  believed  that  this  is  the  first  instance  in  which  the  term  narrow 
has  ever  been  applied  to  a  triangle  almost  right-angled  and  nearly  isos- 


a- 

I 


'    \ 


I  1 


W^ 


,^T.' 


24 


Doc.  No.  31 


celes ;  and  it  is  not  a  little  remarkable  that  this  very  expression  was  re- 
lied upon  in  the  statement  to  the  King  of  the  Netherlands  as  one  of  the 
strongest  proofs  of  the  justice  of  the  American  claim. 

Admitting,  however,  for  the  sake  of  argument,  that  the  Crown  did  de- 
mand this  territory,  and  that  the  mere  advice  of  an  agent  without  powers 
was  binding  on  Massachusetts,  the  fact  would  have  no  direct  bearing  upon 
the  point  under  consideration.  The  relinquishment  by  Massachusetts  of 
the  whole  of  the  territory  west  of  the  meridian  of  the  St.  Croix  would 
not  have  changed  the  position  of  the  northwest  angle  of  Nova  Scotia,  nor 
the  title  of  the  United  States  collectively  under  the  treaty  of  1783,  to  a 
boundary  to  be  drawn  from  that  angle,  however  it  might  have  affected  the 
right  of  property  of  that  State  to  the  lands  within  it. 

And  here  it  is  to  be  remarked,  that  the  Government  of  the  United 
States  is  two-fold — that  of  the  individual  States  and  that  of  the  Federal 
Union.  It  would  be  possible,  therefore,  that  all  right  of  property  in  un- 
seated lands  within  a  State's  jurisdiction  might  be  in  the  General  Govern- 
ment ;  and  this  is  in  fact  the  case  in  all  the  new  States.  Even  had  Massa- 
chusetts divested  herself  of  the  title,  (which  she  has  not,)  the  treaty  of 
1783  would  have  vested  it  in  the  Confederation.  She  had  at  least  a  color 
of  title  under  which  the  Confederation  claimed  to  the  boundaries  of  Nova 
Scotia  on  the  east,  and  to  the  southern  limits  of  the  province  of  Quebec 
on  the  north,  and  this  claim  was  allowed  by  Great  Britain,  in  the  treaty  of 
1783,  in  terms  which  are  at  least  admitted  to  be  identical  in  meaning  with 
those  of  the  Proclamation  creating  the  latter  province.* 
To  illustrate  the  subject  further — 

Of  the  seventeen  British  colonies  in  North  America,  thirteen  succeed- 
ed in  asserting  their  independence  ;  the  two  Floridas  were  conquered  and 
ceded  to  Spain  ;  while,  of  her  magnificent  American  domain,  only  Quebec 
and  Nova  Scotia  were  left  to  Great  Britain.  The  thirteen  colonies,  now 
independent  States,  claimed  all  that  part  of  the  continent  to  the  eastward 
of  the  Mississippi,  and  north  of  the  bounds  of  Florida,  which  was  not 
contained  within  the  limits  of  the  last-named  colonies,  and  this  claim  was 
fully  admitted  by  the  boundary  agreed  to  in  the  treaty  of  1783.  Within 
the  limits  thus  assigned  it  was  well  known  that  there  were  conflicting 
claims  to  parts  which  had  more  than  once  been  covered  by  Royal  Char- 
ters— it  was  even  possible  that  there  were  portions  of  the  wide  territory 
the  right  to  which  was  asserted  by  the  United  States,  and  admitted  by 
Great  Britain,  that  had  not  been  covered  by  any  Royal  grant ;  but  the  ju- 
risdiction in  respect  to  disputed  rights,  and  the  title  to  land  not  conveyed, 
foreve*-  ceased  to  be  in  the  British  crown — first  by  a  successful  assertion 
of  independence  in  arms,  and  finally  by  the  positive  terms  of  a  solemn 
treaty. 

If  it  should  be  admitted,  for  argument's  sake,  that  the  claim  of  Massa- 
chusetts, as  inherited  by  the  State  of  Maine,  to  the  disputed  territory,  is 
unfounded,  it  is  a  circumstance  that  cannot  enter  into  a  discussion  between 
Great  Britain  and  the  United  States  of  America.  Massachusetts  did 
claim,  under  at  least  the  color  of  a  title,  not  merely  to  "the  highlands," 
but  to  the  St.  Lawrence  itself,  and  the  claim  was  admitted  as  far  as  the 
former  by  the  treaty  of  1783.     If  it  should  hereafter 


appear  that  this 


•  Report  of  Messrs.  Featherstonlxaugh  and  MuJgc,  p.  6. 


I 


Doc.  No.  31. 


5^5 


ession  was  re- 
9  aa  one  of  the 

Crown  did  de- 
ivithout  powers 
2t  bearing  upon 
Fassachusetts  of 
t.  Croix  would 
ova  Scotia,  nor 
y^of  1783,  to  a 
ive  affected  the 

of  the  United 
of  the  Federal 
iroperty  in  un- 
?neral  Govern- 
/en  had  Massa- 
)  the  treaty  of 
at  least  a  color 
daries  of  Nova 
nee  of  Quebec 
in  the  treaty  of 
1  meaning  with 


rteen  succeed- 
conquered  and 
n,only  Quebec 

colonies,  now 
o  the  eastward 
vhich   was  not 

this  claim  was 
1783.  Within 
ere  conflicting 
Y  Royal  Char- 
wide  territory 
d  admitted  bv 
nt ;  but  the  ju- 

not conveyed, 
ssful  assertion 
s  of  a  solemn 

aim  of  Massa- 
Eid  territory,  is 
ission  between 
sachusetts  did 
le  highlands," 
as  far  as  the 
pear  that  this 


•    claim  cannot  be  maintained,  the  territory  which  is  not  covered  bv  her 
Utle   If  within   he  boundary  of  the  treaty  of  1783,  cannot  revert  to  Great 
Br  tain,  which  has  ceded  its  rights  to  the  thirteen  independent  States,  but 
to  the  latter  in  their  contederate  capacity,  and  is  thus  the  properly  of  the 
whole  Union.     As  well  niight  Great  Britain  set  up  a  claim  to  th^  States 
of  Alabama  and   Mississippi,  which,  although  claimed   bv  the    State   of 
Georgia   were  found  not  to  b^  covered  by  its  Royal  Charter,  as  to  any  part 
of  the  territory  contained  within  the  line  defined  bv  the  treaty  of  1783 
under  pretence  that  the  rights  of  Massachusetts  are  not  indefeasible.        ' 
While,  therefore,  it  l«  maintained  that  whether  the  title  of  Massachu- 
setts be  valid  or  not  is  immaterial  to  the  present  question,  it  may  be  fur- 
her  urged  that  not  even  the  shadow  of  a  pretend  existed  for  divesting 
aer  of  her  nghts  by  the  Proclamation  of  1763,  except  to  territory  which 
by  neglect  she  had  permuted  France  to  occupy.     On  this  point  the  French 
are  the  best  authority;  for  it  cannot  be  pretended  that  the  Crown  of  Eng- 
Sand  intended,  in  forming  the  Province   of  Quebec,  to  go  beyond  the  ut 
most  limits  of  the  claim  of  France  to  her  Colony  of  Canada.     The  a^ser- 
tions  on  the  part  of  France,  in  the  argument  preceding  the  war  of  1756 

1st.  That  both  banks  of  the  St.  Lawrence  are  included  in  Canada. 

2d.   I  hat,  with  the  exception  of  Miscou  and  Cape  Breton  her  grants 
extended  ten  leagues  from  the  river.  '         ^ 

3d.  That  the  commissions  of  the  Governors  of  Canada,' in  the  most 
formal  and  precise  manner,  extended   their  jurisdiction  to   he  sources  of 
the  rivers  which  discharge  ther/iselves  into  the  St.  Lawrence. 
_  Now,  ihe  distance  of  ten  French  leagues  and  that  of  the  sources  of  the 

Iw  Z  r  "'"'^-^T  "^'''^  '^^"^'^''' '  ^"^  ^^'«  "^rrow  tract,  of  which 
alone  the  Crown  could  with  any  shadow  of  justice  assume  the  riiht  of  dis- 

P^^o^cKil'n^o?  ntr'  '^--^'^-^^^  -«  ^-ended  to  be  divesld  b^te 

It  was  because  Great  Britain  held  that  these  claims  on  the  part  of 

I  ranee  were  too  extens  ve  that  the  war  of  1 756  was  waged.     In  this  war 

1  !fn  "t''''^°*.  ^^^^""'^  ''^''^^  ""^«'-  W«'^'  took  Louisberg  and  re 
duced  Quebec,  and,  under  Amherst,  forced  the  French  armies  in  Canada 

the  Z!  nt  o"f'o"h"''^^  '"^-  P^'^  ^'  '^'  ^°'^"'^«-     The  creation  of 
eprovmce  of  Quebec  covering  a  part  of  their  chartered  limits,  was 
therefore  a  just  subject  of  complaint.  ' 

The  bounds  assigned  to  the  new  Province  of  Quebec  to  the  south   bv 

he  Proclamation  of  7th  October,  1763,  are  as  follows:  "The  line  cross^ 

H  the  river  St.  Lawrence  and  the  Lake  Champlain,  in  fortv  five  de/rees 

Of  north  latitude,  passes  along  the  highlands  which  divide  the  rivers    hat 

tmpty  themselves  into  the  St.  Lawilnce  from  those  which  fafnto  the 

tulf  of  S  'r  :  '"^  '^!  T^  T''  ""^  '^'  ^'^y  ^««  Chaleurs,  and    he 
^ult  ot  St.  Lawrence  to  Cape  Rosieies,"  &c.  >  ^  « 

In  the  same  month  of  October,  1763,  the  limits  of  the  Royal  Province 

tfi'b.ZZV,"^'''^^^^  '^  G-^^"-  Wilmot,  on  ?he 

lest     by  the  said  river  St.  Croix  to  its  source,  and  by  a  line  drawn  due 

Se  Bay'desCh^lems:"  """  "°""'''^'  ''  '"'  ''  ^^"  '^'''"^"  extremity  of 

be"r\wn'due  noriS"f^  '^^^'''  '"'"*•"?  T  ^"  ^"^^'^^  ^''^^  «f  ^^e  line  to 
»e  drawn  due  north  from  the  source  of  the  St.  Croix.     There  is  no  evi- 


26 


Doc.  No.  31. 


iji 


dence  that  ft  was  a  translation  of  the  terms  in  the  grant  to  Sir  Vyilliatn 
Alexander ;  but  if  it  was,  it  was  made,  not  by  Americans,  but  by  Eng- 
lishmen, and  not  only  made,  but  set  forth  under  the  high  authority  of  the 
Royal  sign-manual,  and  authenticated  by  the  great  seal  of  the  United 
Kingdom  of  England  and  Scotland. 

The  flue  north  line  from  the  source  of  the  St.  Croix,  meeting  the  south 
bounds  of  the  Province  of  Quebec,  forms  two  angles.  One  of  these  was 
the  northeast  angle  of  the  Province  of  Sagadahock ;  the  other  is  the  north- 
west angle  of  Nova  Scotia.  It  might  be  debated,  which  of  the  streams 
that  fall  into  Passamaqiioddy  bay  was  the  true  St.  Croix ;  but  such  a 
question  oould  be  settled  by  reference  to  evidence,  and  has  been  thusset< 
lied  by  the  award  of  the  Commissioners,  under  the  5th  article  of  Jay's 
treaty.  Among  the  many  branches  of  a  stream,  it  may  for  a  moment  be 
doubted  which  is  to  be  considered  as  its  principal  source ;  but  this  can  be 
ascer'-'ined  by  proper  methods,  and  it  has  been  ascertained  and  marked 
with  a  monument  by  the  same  Commissioners.  The  tracing  of  a  meridian 
Jine  may  be  a  difficult  operation  in  practical  surveying,  but  it  can  be  effect- 
ed by  proper  instruments  and  adequate  skill ;  and  this  task  has,  in  fact,  been 
perlormed  by  one  of  the  present  Commissioners,  after  being  attempted  by 
the  surveyors  under  the  5th  article  of  the  treaty  of  Ghent.  The  high- 
lands are  defined,  in  the  commission  of  Governor  Wilmot  and  the  Procla- 
mation of  1763,  beyond  the  possibility  of  doubt.  They  are  on  the  north 
shore  of  tlie  Bay  of  Chaleurs,  as  described  in  the  one  instrument,  and  on 
the  western  extremity  of  that  bay,  as  described  by  the  other.  They  can, 
therefore,  be  found,  and  they  have  been  found. 

The  Congress  of  1779  and  the  framers  of  the  treaty  of  1783  were 
therefore  warranted  in  speaking  of  the  northwest  angle  of  Nova  Scotia  as 
if  it  were  a  known  point.  It  could  have  been  laid  down  with  precision 
on  any  good  map  ;  it  could  be  discovered  by  the  use  of  adequate  methods 
and  the  expenditure  of  a  sufficient  appropriation.  It  was  in  fact  as  well 
known  as  the  forty-fifth  and  thirty-second  parallels  of  latitude,  which  are 
named  in  the  same  article  of  the  treaty,  or  as  the  boundaries  of  very  many 
of  the  States  which  had  united  in  the  Confederation.  These  were  defined 
by  the  course  and  sources  of  rivers — by  parallels  of  latitude  and  circles  of 
longitude,  either  of  indefinite  extent  or  setting  out  from  some  prescribed 
point  whose  position  was  to  be  determined.  At  the  time  of  making  these 
grants,  as  in  the  case  before  us,  many  of  the  boundaries  had  never  been 
visited  by  civilized  men.  Some  of  these  lines  had,  indeed,  been  sought 
and  traced  upon' the  ground,  in  pursuance  of  orders  from  the  Privy  Council 
of  Great  Britain  or  the  high  court  of  chancery  ;  and  the  recollection  of  the 
operation  was  fresh  in  the  memory  of  both  parties.  Thus,  in  1750,  it  was 
ordered  by  the  latter  tribunal  that  the  boundary  of  the  lower  counties  in 
the  Delaware  (now  the  State  of  that  name)  and  the  province  of  .Maryland 
should  be  marked  out.  The  boundary  was  an  arc  of  a  circle  described 
around  the  town  of  Newcastle  with  a  given  radius,  and  a  meridian  line 
tangent  thereto.  This  was  a  far  more  difBcult  operation  than  to  draw  a 
meridian  line  from  a  given  point,  such  as  the  source  of  a  river.  It  was 
thought,  in  1763,  worthy  of  the  attention  of  the  first  assistant  in  the  royal 
observatory  at  Greenwich;  and  the  American  Rittenhouse  was  associated 
with  hira.  This  operation'  was  not  only  of  great  contemporary  fame,  but 
Js  still  quoted  in  English  books  among  the  data  whence  we  derive  our 
knowledge  of  the  magnitude  and  figure  of  the  earth.     So  also  the  same 


line, d 


Doc.  No.  31. 


d7 


0  Sir  Vyniiam 
I,  but  by  Eng- 
uthoiity  of  the 
of  the   United 

3(ing  the  south 
e  of  these  was 
er  is  the  north- 
of  the  streams 
X ;  but  such  a 
i  been  thus  set' 
rticle  of  Jay's 
1*  a  moment  be 
but  this  can  be 
id  and  ma'rked 
^of  a  meridian 
t  can  be  effect- 
as,  in  fact,  been 
g  attempted  by 
it.  The  high- 
and  the  Procla- 
j  on  the  north 
rument,  and  on 
er.     They  can, 

of  1783  were 
Nova  Scotia  as 

with  precision 
equate  methods 

in  fact  as  well 
ude,  which  are 
s  of  very  many 
56  were  defined 
e  and  circles  of 
)me  prescribed 
>f  making  these 
lad  never  been 
id,  been  sought 
i  Privy  Council 
ollection  of  the 
,  in  1750,  it  was 
tver  counties  in 
ce  of  Maryland 
iircle  described 

1  meridian  line 
ihan  to  draw  a 

river.  It  was 
ant  in  the  royal 
I  was  associated 
orary  fame,  but 

we  derive  our 
)  also  the  same 


■    aptronomer,  Mason,  had  but  a  few  years  before  the  war  of  independence 
commenced  the  tracing  of  a  parallel  of  latitude  from  the  former  line  to 
the  westward,  thus  marking  the  respective  limits  of  Pennsylvania,  Mary- 
land, and  Virginia.     With  such  examples  before  them,  the  framersof  the 
treaty  of  1783  were  warranted  in  considering  the  northwest  angle  of 
Nova  Scotia  as  a  point  sufliciently  definite  to  be  made  not  merely  one  of 
the  landmarks  of  the  new  Nation,  but  the  corner  at  which  the  description 
of  its  boundaries  should  begin.     It  has  be(  n  well  remarked,  by  one  of  the 
commentators*  on  the  report  of  Messrs.  Featherstonhaugh  and  Mudge, 
that  if  the  treaty  of  1783  be  a  grant,  the  grantors  are  bound  by  rule  of 
law  to  mark  out  that  corner  of  their  oivn  land  whence  the  description  of 
the  grant  commences.     The  British  Government  therefore  ought,  if  it 
be,  as  it  is  maintained  on  its  part^a  grant,  to  have   traced  the  line  of 
highlands  dividing  their  provinces  of  Nova   Scotia  and  Canada.     Had 
this  been  done  in  conformity  with  the  proclamation  of  1763  and  the  com- 
mission to  Governor  Wilmot,  the  northwest  angle  of  Nova  Scotia  would 
be  given  by  the  trace  of  the   meridian  of  the   St.  Croix.     So  far  from 
doing  this,  the  question  has  been  complicated  by  the  denial  that  the 
boundaries  defined  in  that  proclamation  and  in  the  treaty  of  1783  were 
intended  to  be  identical.     The  argument  on  this  point  was  so  ingenious, 
that  the  arbiter  under  the  5th  article  of  the  treaty  of  Ghent  did  not  con- 
sider the  American  case  as  made  out,f  and  this  doubt  was  the  principal 
ground  on  which  his  decision  rested.     It  is  therefore  an  earnest  of  a  more 
favorable  state  of  feeling,  that  the  sophistry  with  which  this  fact  had  been 
veiled,  at  least  in  part,  is  now  withdrawn,  and  that  the  Commission  whose 
report  is  under  consideration  frankly  admit  this  identity. |     This  admis- 
sion being  made,  it  is  obvious  that  the  origin  of  the  highlands  of  the  treaty 
must  be  sought  on  the  north  shore  of  the  Day  des  Chaleurs,  and  at  its 
western  extremity ;  and  it  follows  that  the  point  where  this  line  of  high- 
lands is  cut  by  the  meridian  of  the  monument  at  the   source  of  the  St. 
Croix  is  the  noithwest  angle  of  Nova  Scotia  of  the  treaty  of  1783,  and 
must  lie  to  the  north  of  the  Ristigouche,or  in  the  very  spot  claimed  by  the 
United  States. 

The  British  Government  has  not  only  failed  in  marking  out  the  corner 
of  their  territory  at  which  the  boundary  of  the  United  States  begins, 
but  has  in  practice  adopted  a  very  different  point  as  the  northwest  angle 
of  the  Province  of  New  Brunswick,  which  now  occupies  the  place  of 
ancient  Nova  Scotia  in  its  contiguity  to  the  American  lines.     Up  to  the 
■time  of  the  discussion  before  the  King  of  the  Netherlands,  the  commis- 
sions of  the  Governors  of  New  Brunswick  had  been,  so  far  as  the  wes- 
|tern  and  northern  boundaries  are  concerned,  copies  of  that  to  Governor 
|Wilmot.     The  undersigned  have  no  means  of  ascertaining  when  or  how 
4the  form  of  these  commissions  was  changed,  but  it  was  found,  during  the 
^^exploration  of  the  country,  that  the  jurisdiction  of  New  Brunswick,  limi- 
ted at   least  to  the  north   of  the    St.  John  by  the  exploring  meridian 
line,  did  not  leave  the  Bay  of  Chaleurs  at  its  western  extremity,  and  fol- 
low thence  the  old  bounds  of  the  province  of  Quebec.     It,  on  the  contra- 
^|7,  was  ascertained  that  it  was  limited  by  the  Ristigouche  as  far  as  the  con- 
fluence of  its   southwestern   branch,  formerly  known   by  the  name  of 


1:1 


'  1 


•The  Hon.  Jolin  Holmes,  of  Maine.     -jNote  VHI. 

1  Report  of  .Messrs.  Featherstonhaugh  and  Mudge,  p.  C  and  p.  23. 


28 


Doc.  No.  31. 


Chacodi,  and  ihence  followed  the  latter  up  to  the  point  where  it  is  crossed 
by  the  exploring  meridiun  line.  On  all  the  territory  thus  severed  from 
the  ancient  domain  of  Nova  Scotia,  permits  to  cut  timber  were  found  to 
have  been  issued  by  Canadian  authorities,  and  the  few  settlers  derived 
their  titles  to  land  from  the  same  source. 

Although  this  demarcation  involves  a  double  deviation  from  the  procla- 
mation of  1763,  (first  in  following  a  river  instead  of  highlands,  second 
m  taking  a  small  branch  instead  of  pursuing  the  main  supply  of  the  Bay 
of  Chaleurs,)  the  northwest  angle  of  Nova  Scotia  may  be  considered  as 
at  last  fixed  by  British  authority  at  a  point  many  miles  north  of  the  point 
claimed  to  be  such  in  the  statements  laid  before  the  King  of  the  Nether- 
lands on  the  part  cf  Great  Britain,  and  48  miles  to  the  north  of  where  the 
line  of  "  abraded  highlands "  of  Messrs.  Featherstonhaugh  and  Mudge 
crosses  the  St.  John.  Were  it  not  that  the  American  claim  would  be 
weakened  by  any  change  in  the  strong  ground  on  which  it  has  always 
rested,  it  might  be  granted  that  this  is  in  fact  the  long  lost  northwest  an- 
gle of  Nova  Scotia,  and  the  highlands  allowed  to  be  traced  fron  that  point 
through  the  sources  of  the  branches  of  the  St.  John  and  the  St.  Law- 
rence. 

In  proof  of  the  position  now  assigned  to  this  angle  of  New  Brunswick, 
and  consequently  of  ancient  Nova  Scotia,  in  the  absence  of  documents 
which  the  archives  of  Great  Britain  alone  can  furnish,  the  map  published 
by  the  Society  for  the  encouragement  of  Useful  Knowledge,  the  several 
raaps  of  the  surveyor  general  of  the  province  of  Canada,  and  .the  most 
recent  map  of  the  Provinces  of  Nova  Scotia  and  New  Brunswick,  by 
John  Wyld,  geographer  to  the  Queen  of  Great  Britain,  may  be  cited. 

It  may  therefore  be  concluded  that  the  northwest  angle  of  Nova  Scotia 
is  no  longer  an  unknown  point.  It  can  be  found  by  a  search  conducted 
in  compliance  with  the  proclamation  of  1763,  and  the  contemporaneous 
commission  of  Governor  Wilmot ;  and  the  researches  of  the  present  Cosn- 
raission  show  that  it  cannot  be  far  distant  from  the  point  originally  as- 
signed to  it  in  the  exploring  meridian  line.  The  identity  of  the  first  of 
these  documents  with  the  boundary  of  the  treaty  of  1783  is  admitted, 
and  the  latter  is  word  for  word  the  same  with  the  description  of  the  east- 
ern boundary  of  the  United  States  in  the  same  treaty.  Moreover,  a  north- 
west angle  has  been  assigned  to  the  province  of  New  Briinsvvick  by  Brit- 
ish authority,  which,  did  it  involve  no  dereliction  of  principle,  might 
without  sensible  loss  be  accepted  on  the  part  of  the  United  States. 


IV .—Highlands  of  the  treaty  of  1783. 

The  highlands  of  the  treaty  of  1783  are  described  as  those  "which  di- 
vide those  rivers  that  empty  themselves  into  the  river  St.  Lawrence  from 
those  which  fall  into  the  Atlantic  ocean."  It  has  been  uniformly  and  con- 
sistently maintained,  on  the  part  of  the  United  States,  that  by  the  term 
"highlands"  was  intended  what  is  in  another  form  of  the  same  words  called 

j_j ^,    .......  ,  .,._.    4.,,-„.    ...f    i»i^tncii!-.!jr    «if    tfisii?     ^^iicv;    xr  a:3   iv    i/C   SUU^lu;* 

by  following  the  rivers  described  in  the  treaty  to  their  source,  and  draw- 
ing lines  between  these  sources  in  such  manner  as  to  divide  the  surface 
waters.  It  was  believed  that  the  sources  of  such  rivers  as  the  Connecti- 
cut and  the  St.  John  must  lie  in  a  country  sufficiently  elevated  to  be  en- 


it  is  crossed 
!vered  from 
re  found  to 
era  derived 

I  the  procla- 
nds,  second 
of  the  Bay 
nsidered  as 
of  the  point 
he  Nether- 
f  where  the 
and  Mudge 
1  would  be 
has  always 
rthwest  an- 
nt  that  point 
B  St.  Law- 
Brunswick;, 
documents 
p  published 
the  several 
d  .the  most 
jnswick,  by 
te  cited. 
Sova  Scotia 
I  conducted 
mporaneous 
esent  Cosn- 
liginalU  as- 
the  first  of 
s  admitted, 
of  the  east- 
i^er,  a  north- 
ick  by  Brii- 
;iple,  might 
[ates. 


Doc.  No.  31. 


90 


"which  di- 
/rence  from 
ily  and  con- 
)y  the  term 
vords  called 


^  I — 

u   — 


,  and  draw- 
the  surface 
B  Connecti- 
d  to  be  en- 


titled to  the  epithet  of  highlands,  although  it  should  appear  on  reaching  it 
that  It  had  the  appearance  of  a  plain.     Nay,  it  was  even  concluded    al- 
though as  now  appears  incorrectly,  and  it  was  not  feared  that  the  conclu- 
sion would  weaken  the  American  argument,  that  the  lino  from  (he  north- 
west angle  of  Nova  Scotia,  at  least  as  far  as  the  sources  of  Tuladi    did 
pass  through  a  country  of  that  description.     Opposite  ground  was   taken 
in  the  argument  of  Great  Britain  by  her  agent;  but,  however  acute  and  in- 
genious  were  the  processes  of  reasoning  by  which  (his  argument  was  sup- 
5)or  ed,  It  remained  in  his  hands  without  application,  for  (he  line  claimed 
by  him  on  the  part  ot  his  Government  was  one  having  (he  same  physical 
basis  lor  its  delineation  as  that  claimed  by  the  agent  of  the  United  States— 
namely,  one  joining  the  culminating  points  of  the  valleys,  in  whirh  streams 
lunning  in  opposite  directions  took  their  rise.     The  argument  appears  to 
have  been  drawn  while  he  hoped  (o  be  able  to  include  Katahdin  and  the 
other  great  mountains  in  that  neighborhood  in  his  claimed  boundary;  and 
he  does  not  appear  to  have  become  aware  how  inapplicable  it  was  in 
every  sense  to  Uie  line  by  which  he  was,  for  want  of  a  better,  compelled 
to  abide.    The  British  Government,  however,  virtually  abandoned  the  con- 
S^Ser   ISsT*"^^"'  '"  ^^'^  convention  signed   iu  London  the   27th 
In  tb's  it  was  stipulated  that  Mitchell's  and  map  A  should  be  a'dmitled 
U^  the  exclusion  of  aU  others,  "as  the  only  maps  (hat  shall  be  considered  as 
evidence    of  the  topography  of  the  country;  and  in  the  latter  of  these 
maps  constructed  under  the  joint  direction  of  (he  British  and  American 
negotiators,  by  the  Astronomer  of  the   British  Government,  it  was  agreed 
that  nothing  but  the  water  courses  should  be  represented.     Finally   it  was 
admitted,  in  the  report  of  Messrs.  Featherstonhaugh  and  Mudge,  that  (he 
terms  h«gt.lands  and  height  of  land  are  identical.     The  decision  of  the 
King  of  the  Netherlands,  to  which  Great  Britain  gave  her  assent  in  the 
Qrst  instance,  recoguK^es  the  correctness  of  the  vieVfrs  entertained  in  the 
Ameiican  statements-!     All  discussion  on  this  subject  is  however  ren- 
dered unnecessary  by  the  knowledge  which  the  undersigned  have  obtained 
of  the  coundy.     The  line  surveyed  by  (hem  not  only  divides  rivers,  but 
possesses  in  a  pre-enunent  degree   the  character  by  which,  in  the  British 
aigument,  highlands  are  requited  (o  be  distinguished. 

It  IS  suiFicient  for  (he   present  argument   that  the  identity  of  (he   lines 
pointed  out  by  the  Proclamation  of  1763  ai.d  the  Act  of  1774,  with  the  bound! 
ary  0    the  treaty  <,    1783,  be  admitted.     Such  has  been  the  uniform  cJaim 

and  .^,  K*"- ";';'"'r\°u  '''"  ^"'^1'^  ''^'^'"'^  «"^  '^^  ^''''^  «f  Massachusetts, 
and  such  IS  the  deliberate   verdict  of  (he  British  Commissioners.!     The 

words  of  the  proclamation  of  I7G3  have  already  been  cited.  By  reference 
to  hem  It  will  be  seen  (hat  the  origin  of  "(he  highlands"  is  to  be  sought 
on  the  NORTH  shore  of  the  Bay  of  Chaleurs.  if  (hey  are  not  to  be  found 
there,  a  gap  exists  in  the  boundary  of  (he  Proclama(ion,  which,  it  is  evi- 
^hT'.  f-A"""'  '''1?  ^'^"  intended.  It  has  been  thought  by  some  ^hat 
the  gap  did  ac(ually  exi«t,  but  this  idea  was  founded  on  an  imperfect 
knowledge  of  the  country.     The  Bay  of  Chaleurs  seems,  in  fact,  to  have 

T,~.    'u'~'r ".""'  "«'"^'=  "'  ibi--  i-roclaraauon  ui  I7U3  and  the  Act  of 

uILrU  T  subsequent  authorities,  whether  British  or  American. 
Researches  made  in  the  year  1840  show   (hat  at  the  head  of  the  ride  of 


Mil 


♦  Note  IX.    t  Note  X.    4  Report  of  Featheratonhaugh  «nd  Mudge,  p.  6,  and  p.  S3. 


30 


Doc.  No.  31. 


the  Bay  of  Chalcurs  a  mountain  rises  iramediatcly  on  the  northern  batik, 
which  from  its  imposing  appearance,  has  been  called  by  Ihe  Scotch  settlers* 
at  its  foot  Ben  Lomond.  This,  indeed,  has  by  measurement  been  found 
to  be  no  more  than  1,024  feet  in  height,  but  no  one  can  deny  its  title  to 
the  name  of  a  highland.  From  this  a  continuous  chain  of  heights  has  been 
ascertained  to  exist,  bounding,  in  the  first  instance,  the  valley  of  the  Me- 
tapediac  to  the  sources  of  that  stream,  which  they  separate  trom  those  91 
the  Metis.  The  height  of  land  then  passes  between  the  waters  of  Metis 
and  Ristigouche,  and,  bending  around  the  sources  of  the  latter  to  the 
sources  of  the  llimouski,  begins  there  to  separate  waters  which  fall  into 
the  St.  Lawrence  from  those  which  fall  into  the  St.  John,  which  they 
continue  to  do  as  far  as  the  point  where  they  merge  in  the  line  admitted 

by  both  parties.  *  ...  .    *i 

These  highlands  have  all  the  characteristics  necessary  to  constitute  them 
the  hi-'hlands  of  the  treaty.  Throughout  their  whole  northern  and  west- 
ern slopes,  tlow  streams  which  empty  themselves  into  the  St.  Lawrence. 
Beginning  at  the  Bay  of  Chaleurs,  they  in  the  fust  place  divide,  as  it  is 
necessary  they  should,  waters  which  fall  into  that  bay  ;  they  next  separate 
the  waters  of  Ristigouche  from  those  of  Metis ;  they  then  make  a  great 
detour  to  the  south,  and  enclose  the  valley  of  Rimouski,  separating  its  wa- 
ters from  those  of  Metapediac  and  Ristigouche,  the  Green  river  of  St. 
John  and  Tuladi ;  they  next  perform  a  circuit  around  Lake  Temiscouata, 
separating  its  basin  from  those  of  the  Otty  and  Trois  Pis^toles,  until  tney 
reach  the  Temiscouata  portage  at  Mount  Paradis.  This  portage  they 
cross  five  times,  and>ally,  bending  backwards  to  the  north  enclose  the 
stream  of  the  St.  Fraftcis,  whose  waters  they  divide  from  those  ot  1  rois 
Pistoles,  Du  Loup,  and  the  Green  river  of  the  St.  Lawrence.  Leaving 
the  Temiscouata  portage  at  (he  sixteenth  mile  post,  a  region  positively 
mountainous  is  entered,  which  character  continues  to  the  sources  of  the 
Etchemin.  It  ther«  assumes  for  a  sliQit  space  the  character  ot  a  rolling 
country,  no  point  in  which,  however,  is  less  than  1,200  feet  above  the 
level  of  the  sea.  It  speedily  resumes  a  mountainous  character,  which 
continues  unaltered  to  the  sources  of  the  Connecticut. 

Now  it  is  maintained,  that  all  the  streams  and  waters,  which  have  been 
named  as  flowing  from  the  southern  and  eastern  sides  ot  this  line,  are  in 
the  intended  sense  of  the  treaty  of  1783  rivers  which  empty  themselyes 
into  the  Atlantic.  The  first  argument  adduced  in  support  of  this  position 
is,  that  the  framers  of  that  treaty  having,  as  is  admitted,  Mitchell  s  map  be- 
fore them,  speak  only  of  two  classes  of  rivers,  those  which  discharge 
themselves  into  the  St.  Lawrence  river,  and  those  which  tall  into  he  At- 
lantic  ocean.  Yet  upon  this  map,  were  distinctly  seen  the  St.  Joiin  and 
(he  Ristigouche.  The  latter,  indeed,  fijiures  twicc--oncc  as  a  tributary  to 
the  Bay  of  Miramichi,  and  once  as  flowing  to  the  Bay  of  Chaleurs.  It 
cannot  reasonably  be  pretended  that  men  honestly  engaged  m  framing  an 
article  to  prevent  ''all  disputes  which  might  arise  inJuture'  should  have 
intentionally  passed  over  and  left  undefined  these  i'^porfa^t  livers,  when 
by  the  simplest  phraseology  they  might  have  described  them,  had  they 
i,e»ipvrd  that  in  anv  future  lime  a  question  could  base  arisen  whether 
Ahev  were  included  'in  one  or  the  otlier  of  the  two  ciassea  oi  nvers  mey 
named.     Had  it  been  intended  that  the  due  north  line  should  have  stopped 


•  Note  XI, 


1 


JJoc.  Ko.  31. 


m 


northern  batik, 
Scotch  setllert* 
nt  been  found 
eny  its  title  to 
>ights  has  been 
ley  of  the  Me- 
»  from  those  9I 
•atcrs  of  Metis 
ic  latter  to  the 
which  fall  into 
f),  which  they 
I  tine  admitted 

[;onstitute  them 
hern  and  west- 
St.  Lawrence 
divide,  as  it  is 
y  next  separate 
1  make  a  great 
jaruting  its  wa- 
3n  river  of  St. 
5  Teraiscouata, 
)les,  until  they 
3  portage  they 
III,  enclose  the 
those  of  Troia 
nee.  Leaving 
^ion  positively 
sources  of  ihf 
ler  of  a  rolling 
feet  above  the 
aracter,  which 

hich  have  been 
his  line,  are  in 
ply  themselves 
nf  this  positioK 
ichell's  map  be- 
hich  discharge 
uU  iiito  the  At- 
e  St.  John  and 
19  a  tributary  to 
Chaleurs.*  It 
J  in  framing  an 
;"  should  have 
it  livers,  when 
;hem,  hud  they 
arisen  whether 
of  livers  ihey 
Id  have  stopped 


.hort  of  the  St.  John  the  highlands  must  have  been  described  as  thoge 
which  divide  nvers  which  fall  ,nto  the  St.  Lawrence  and  Me  St.  John 
from  those  which  fall  into  the  Atlantic  ocean.  The  mouth  of  the  St. 
Lawrence  had  been  defined,  in  the  proclamation  of  1763,  by  a  line  drawn 
from  the  river  St.  John  (on  the  I.hUi  ulor  coast)  f-  Cape  Rosit-re-.  if 
then  It  bad  been  i-itended  that  thf»  meridian  line  su  ...id  not  have  crossed 
the  Uisligouche  the  phraseology  must  have  been  highlands  which  divide 
rivers  which  lal  into  the  nver  and  Gulf  of  St.  Lawrence  from  those 
which  fall  into  the  Atlantic  ocean.  Where  such  obvious  modes  of  ex- 
pressing  either  of  these  intentions  existed,  it  is  not  to  be  believefl  that 
they  would  have  been  omitted;  bu(  had  they  been  proposed  to  be  inlro- 
duced,  the  American  negotiators  would  have  been  compelled  bv  their  In- 
j-tructions  to  refuse  them  Such  expressions  would  have  prescribed  a 
boijndary  diffet^nt,  not  only  in  fact,  but  in  terms,  from  that  of  the  Procla- 
mation  of  1763  and  the  contemporaneous  commission  to  Governor  Wil- 
mot.  Father,  then,  the  British  IMenipotcntiaries  admitted  the  American 
claim  to  Its  utmost  e.xtent,  or  they  fraudulently  assented  to  terms,  with 
the  inten  ion  o(  founding  upon  them  a  claim  to  territory,  which  if  ihev 
had  open  y  asked  for,  must  have  beendenied  them.     The  character  of 

t.  ilTr  ITTZ  "'.  '  •  '"^i"'"  ^.'^«^"""«  t»'«t  treaty  was  made  forbids 
the  behcf  of  the  latter  having  been  intended.  The  members  of  that  min- 
istry had  been,  when  in  opposition,  the  constant  advocates  of  an  accom- 
modation with  the  Colonies,  or  of  an  honorable  peace  after  all  hopes  ofre- 
tain.ng  them  in  their  allegiance  had  ceased.  'Vhey  showed,  o'n  coming 
no  power  a  laudable  anxiety  to  put  an  end  to  the  profitless  effusion  of 
human  b  ood  ;  and  they  wisely  saw  that  it  would  be  of  more  profit  to  their 
X  7.  '"  -"v^'^the  new  Nation  into  friends,  by  the  free  grant  of  terms 
^hch  sooner  or  later  must  have  been  yielded,  than  to  widen  the  breach 
Bri^"h  p".-'"'  ^^  "»/-'^t-S  delay.  >he  debates  which  ensued  in  he 
fh.  V  I  ^^'';^"?^V'  '"''""  ^'i.^  ''r'  °^  ^^^  '^^^^y  ^'^'•e  'n«cle  known,  show 

mest  0"  "^Tho  ^-'v^'"'^  ^^'^  "'^  '""^"^'^^  *^^  ^-^^  entertained  if  th^ 
question      The  giving  up  of  the  very  territory  now  in  dispute  was  one 

of  the  charges  made  by  them  against  their  successors,  and  that  i    had 
been  given  up  by  the  treaty  was  not  denied.     Nay,  th.effect  of  th  s  ad 
rmission  was  such  as  to  leave  the  administration  in  1  m  norUy    n  the  Hoit 
In  TfT''  «"d/»^",\became  at  least  one  of  the  causes  of  the    e"gn 
'ZJL    .  '^'"^   .^  ''^'''^  '^^  '''''y  ^''^  been  made.     At  this  very 

ihe  r.',    T  "r  ^''""°"^  ^vere  published  in  London,  which  exhfb.^ 
lounZl       /T//"  '^"'  "uP°"  '^"^  ''"""'y  ^y  '^'^  «^'^*^h  public.     The 
£^nUpd%?         ''^"P°"  '^.T  '"^P^  '^  identical  with  that  which  the 
r  it    cu^^  ""'''  '''""°'  ^"^  *^^^e  '''^^''-^vs  claimed. 
Ila  nation  If'ne^nH''  ^r''???:.^"-"  ''.['^^ '''^^'y  of  1783  and  of  the  pro- 

^nTarrm/nt      rh       u"^  ^V^  "'^  '^'"''^'^''  -'^^'^y  «"^P'»fi««  '^e  sec- 
fnd  argument.     It  has  been  heretofore  maintained,  on  the  the  part  of 

great  Britain,  that  the  word  "sea, "of  the  two  latte  -named  instruments 

t^Lin'^' Afl'di  "  ^'^   '"'   to  "Atlantic  ocean"  witTi:ut  anXouJ 
m.  ,  I  ■^'  *•„       ^'scussion  on  this  point  is  obviated  by  the    admission 
put  It  IS  still  maintained  that  the  Bav  of  Fundv  is  nor  a  n^.T^r  'k.  '/?;?"" 
iic  oceai.,  because  it  happens  to  be  named,  in  referenceTo"the  St"   CroTx' 
»n  the  same  article  of  the  treaty.     To  show  the  extent  to  whtch  such  a  ' 


•  Htngard's  Parliamentary  Register  for  1783, 


'I:!  4 


32 


Doc.  Fo.  31. 


;i> 


Ifil 


argument,  founded  on  a  mere  verbal  quibble,  may  be  carried,  let  it  be  sup- 
posed that  at  some  future  period  two  nations,  on  the  continent  of  North 
America,  shall  agree  on  a  boundary,  in  the  following  terms :  by  a  line 
drawn  through  the  Mississippi,  from  its  mouth,  in  the  gulf  of  Mexico,  to  its 
source,  thence  a  parallel  of  latitude  until  it  meet  the  highlands  which  di- 
vide the  waters  that  empty  themselves  into  the  Pacific  ocean  from  those 
which  fall  into  the  Atlantic.  Could  it  be  pretended  that  because  the 
mouth  of  the  Mississippi  is  said  to  be  in  the  Gulf  of  Mexico,  the  bounda- 
ry must  be  transferred  from  the  Rocky  mountains,  to  the  AUeghanies  i 
Yet  this  would  be  as  reasonable  as  the  pretentions  so  long  set  up  by  the 
British  agents  and  Commissioners. 

It  cannot  be  denied  tha  the  line  claimed  by  the  United  States  fulfds  at 
least  one  of  the  conditions.  The  streams  which  flow  frem  one  side  of  it, 
fall,  without  exception,  into  the  river  St.  Lawrence.  The  adverse  line 
claimed  by  Great  Britain,  \n  the  reference  to  the  King  of  the  Nether- 
lands, divides,  until  within  a  few  miles  of  Mars  hill,  waters  which  fall  into 
the  St.  John  from  those  of  the  Penobscot  and  Kennebec.  The  latter 
do  not  discharge  their  waters  directly  into  the  ocean,  but  Sagadahock  and 
Penobscot  bays  intervene,  and  the  former  falls  into  the  bay  of  Fundy ; 
jience,  according  to  the  argument  in  respect  to  the  bay  of  Fundy,  this  line 
fulfils  neither  condition. 

The  line  of  Messrs.  Featherstonhaugh  and  Mudge  is  even  less  in  con- 
formity to  the  terms  of  the  treaty.  In  order  to  find  mountains  to  form  a 
part  of  it,  they  are  compelled  to  go  south  of  the  source  of  branches  of 
the  Penobscot;  thence  from  mountains,  long  well  known  at  the  sources  of 
the  Allrtgash,  well  laid  down  on  the  rejected  m  ip  of  Mr.  Johnson,  it  be- 
comes entangled  in  the  stream  of  tlie  Aroostook,  which  it  crosses  more 
than  once.  In  neither  part  does  it  divide  waters  at  all.  It  then,  as  if  to 
make  its  discrepancy  with  the  line  defined  in  the  proclamation  of  1763 
apparent,  crosses  the  St.  John,  and  extends  to  the  south  shore  of  the  Bay 
of  Chaleurs,  although  that  instrument  fixes  the  boundary  of  the  Province 
of  Quebec  on  the  the  north  shore  of  the  bay.  In  this  part  of  its  course, 
it  divides  waters  wuich  fall  into  the  said  ,bay  from  those  which  fall  into 
the  St.  John,  But  the  Proclamation,  with  whose  terms  this  line  is  said 
to  be  identical,  directs  that  the  highlands  shall  divide  waters  which  fal! 
into  the  St.  Lawrence  from  those  which  fall  into  the  sea.  If  the  bran- 
ches of  the  Bay  of  Chaleurs  fulfil  the  first  condition,  which,  however,  is 
denied,  the  St.  John  must  fulfil  the  latter.  It  therefore  falls  into  the 
Atlantic  ocean ;  and,  as  the  identity  of  the  boundary  of  the  treaty  with 
that  of  the  proclamation  of  1 763  and  act  of  1774  is  admitted,  then  is  the  St. 
John  an  Atlantic  river,  and  the  line  claimed  by  the  United  States  fulfils 
both  conditions,  and  is  the  only  line  to  the  west  of  the  meridian  of  the 
St.  Croix  which  can  possibly  do  so. 

The  choice  of  a  line  different  from  that  presented  to  the  chojce  of  the 
King  of  the  Netherlands  is  no  new  instance  of  the  uncertainty  which  has 
affected  all  the  forms  in  which  Great  Britain  has  urged  her  claim. 

In  fact,  nothing  shows  more  conclusively  the  weakness  of  the  ground  on 
which  the  British  claim  rests  than  the  continual  changes  which  it  has 
been  necessary  to  make,  in  order  to  found  any  feasible  argument  upon  it.' 
In  the  discussion  of  1798,  it  was  maintained,  on  the  part  of  Great  Britain, 


•Not*  XII. 


l>oc.  No.  31. 


33 


1,  let  it  be  sup- 
inent  of  North 
ms:  by  a  line 
f  Mexico,  to  its 
ands  which  di- 
ean  from  those 
it  because  the 
10,  the  bounda- 
e  Alleghanies  f' 
g  set  up  by  the 

states  fulfils  at 
one  side  of  it, 
he  adverse  line 
jf  the  Nether- 
which  fall  into 
ec.  The  latter 
lagadahock  and 
bay  of  Fundy ; 
•'undy,  this  line 

ren  less  in  con- 
tains to  form  a 

of  branches  of 
t  the  sources  of 
Johnson,  it  be- 
it  crosses  moro 
It  then,  as  if  to 
nation  of  1763 
lore  of  the  Bay 
af  the  Province 
t  of  its  course, 
which  fall  into 
this  line  is  said 
iters  which  fall 
I.  If  the  bran- 
ch, however,  is 

falls  into  the 
the  treaty  with 
(then  is  the  St. 
id  States  fulfils 
neridian  of  the 

e  choice  of  the 
linty  which  ha^; 
3r  claim, 
if  the  ground  on 
!s  which  it  has 
uraent  upon  it.* 
f  Great  Britain, 


that  the  meridian  lino  must  cross  the  St.  John  river;  in  the  aijiument 
i.ofore  the  Coininissioners  under  the  fifth  article  of  the  treaty  of  Ghent, 
it  was  denied  that  it  ever  could  have  been  the  intention  oflheframera 
of  the  treaty  of  I7.S3  that  it  should.  Ypt  the  mouthpiece  by  which  both 
arguments  were  delivtMed  was  one  and  the  same  person.  The  same 
age.it  chose,  as  the  termination  of  what  he  attempted  to  represent  as  a 
continuous  range  of  hills,  an  isolated  mountain,  Mars  hill ;  and  the  Com- 
missioners whose  report  is  under  consideration  place  a  range  of  abraded 
highlands,  ^' the  maximum  axis  of  elevation,"  in  a  region  over  which 
British  engineers  have  proposed  to  carry  a  railroad,  as  the  most  level 
and  lowest  line  whith  exists  between  St.  Andrew's  and  Quebec* 

On  the  other  hand,  the  American  claim,  based  on  the  only  j>racticable 
interpretation  of  (he  treaty  of  1783,  has  been  consistent  throughout.  "  Let 
the  meridian  line  be  extended  until  it  meets  the  southern  boundary  of 
the  province  of  Quebec,  as  defined  by  the  proclamation  of  1763  and  the 
act  of  Pailiament  of  1774." 

No  argument  can  be  drawn  against  the  American  claim  from  the  secret 
instructions  of  Congress,  dated  August,  1779.  All  that  is  shown  by  these 
instructions  is  the  willingness  to  accept  a  moro  convenient  boundary— one 
defined  by  a  great  natural  feature,  and  which  would  have  rendered  the 
difficult  operation  of  tracing  the  line  of  highlands,  and  that  of  determining 
the  meridian  of  the  St.  Croix  by  astronomic  methods,  unnecessary.  The 
words  of  the  instructions  are  :  "  And  east  by  a  line  to  be  drawn  .  ong  thft 
middle  of  the  St.  John,  from  its  source  to  its  moutfi  in  the  Bay  of  Fundy 
or  by  a  line  to  be  settled  and  adjusted  between  that  part  of  the  State  of 
Massachusetts  bay,  formeily  called  the  province  of  Maine,  and  the  colony 
of  Nova  Scotia,  agreeably  to  their  lespective  rights,  comprebendin"-  all 
islands  within  twenty  leagues  of  the  shores  of  the  United  States,  and  Ijinf 
between  lines  to  be  drawn  due  east  from  the  points  where  the  aforesaid 
boundaries,  between  Nova  Scotia  on  the  one  part  and  East  Florida  on  the 
"Other  part,  shall  respectively  touch  the  Bay  of  Fundy,  and  the  Atlantic 
ocean." 

The  proposal  in  the  first  alternative  was,  to  appearance,  a  perfectly  fair 
one.     From   an  estimate  made  by  Dr.  Tiarks,  the  astronomer  of  Great 
Britain,  under  the  oth  article  of  the  treaty  of  Ghent,  in  conformity  with 
^directions  from  Colonel  Barclay,  the  British  Commissioner,  it  was  ascer- 
tained  that  the  whole  disputed  territory  contained  10,705  square  miles- 
that  the  territory  bounded   by  the  St.  John  to  its  mouth,  contained  707* 
iquate  miles  less,  or  9,99d  square  miles.   The  difference  at  the  time  was 
|robably  believed  to  be  insensible.     The  first  alternative  was,  however 
fejectedby  Great  Britain,  and  obviously  on  grounds  connected  with  a  difl 
^rence  in  supposed  advantage  between  the  two  propositions.     The  Ame- 
ican  Commissioners  were  satisfied  that  they  could   uriie  no  legal  claini 
long  the  coast,  beyond  the  river  St.  Croix  ;  they,ihcref.>re,  treated  on'the 
Other  alternative  in  their  instructions — the  admitted  limits  between  Massa- 
chusetts and  Nova  Scotia.     Even  in  the  fomer  alternative,  Nova  Scotia 
fould  still  have  had  a  northwest  angle  ;  for  the  very  use  ol  t»»e  term  shoivg 
t|iat  by  the  St.  John,  its  northwestern  and  not  the  southwestern  branch 
Vas  intended. 

At  that  montonf,  when  the  interior  of  the  country  was  unknown  tfe 


n  ■ 


♦l'ro-j.mu»i.f«t.  AVilic«'»amlQ,ebc;c  ri.lp.acl,  1836;  ai.u  »uivt>  oi  (ju,>  a  ..  V.iu,  iooj. 


S4 


Doc.  No.  31. 


adoption  of  the  St.  John  as  the  boundary,  even  admitting  that  the  Wal' 
looptook,  its  southwestern  branch,  is  the  main  stream,  would  have  given 
to  the  United  States  a  territory  of  more  immediate  value  than  that  they 
now  claim.  For  this  very  reason,  the  proposition  was  instantly  rejected 
by  Great  Britain,  and  the  State  of  Massachusetts  was  forced  to  be  contented 
with  the  distant  region  now  in  debate — a  region  then  believed  to  be  almost 
inaccessible  and  hardly  fit  for  human  habitation. 

Even  now,  were  there  not  vested  private  rights  on  both  sides  whicb 
might  render  such  a  plan  difficult  of  application,  the  undersigned  would 
not  hesitate  to  recommend  that  this  line  should  be  accepted  in  lieu  of  the 
one  which  is  claimed  under  the  treaty  of  1783. 

It  is  finally  obvious,  from  the  most  cursory  inspection  of  any  of  the  maps 
of  the  territory  in  question,  that  the  line  claimed  for  Great  Britain  in  the 
argument  before  the  King  of  the  Netherlands,  fulfils  no  more  than  one  of 
the  two  conditions,  while  that  of  Messrs.  Featherstonhaugh  and  Mudge 
fulfils  neither;  and  as  the  line  claimed  on  the  part  of  the  United  States  is 
denied  to  be  capable  of  meeting  the  terms  of  the  treaty  of  1783,  by  Great 
Britain,  there  is  no  line  that,  in  conformity  with  the  fCitish  argument,  can 
be  drawn  within  the  disputed  territory  or  its  vicinity,  that  will  comply 
with  either  of  the  conditions.  This  is  as  well  and  as  distinctly  shown  in 
the  map  of  Mitchell  as  in  the  map  of  the  British  Commission.  It  would, 
therefore  appear,  if  these  views  be  correct,  that  the  framers  of  the  treaty 
of  1783  went  through  the  solemn  farce  of  binding  their  respective  Govern- 
ments to  a  boundary,  which  they  well  knew  did  not  and  could  not  exist. 


i 


V. — Northwest  head  of  Connecticut  river. 

The  true  mode  of  determining  the  most  northwesterly  of  any  two  given 
points  need  no  longer  be  a  matter  of  discussion.  It  has  already  been  a 
matter  adjudicated  and  assented  to  by  both  Governments,  in  the  case  of 
the  Lake  of  the  Woods.  The  point  to  be  considered  as  most  to  the  north- 
west is  that  which  a  ruler  laid  on  a  map  drawn  according  to  Mercator's 
projection,  in  a  direction  northeast  and  southwest,  and  moved  parallel  to 
itself  towards  the  northwest,  would  last  touch.  In  this  view  of  the  sub- 
ject, the  eastern  branch  of  the  Connecticut,  which  forms  the  lake  of  that 
name,  is  excluded  ;  for  its  source,  so  far  from  lying  to  the  northwest  of 
those  of  the  other  two  branches  which  have  been  explored,  actually  lies  to 
the  south  of  the  source  of  the  Indian  stream.  The  question  must  there- 
fore lie  between  the  two  others ;  and  it  is,  as  yet,  impossible  to  decide 
which  of  them  is  best  entitled  to  the  epithet,  as  their  sources  lie  very 
nearly  in  the  same  northeast  and  southwest  rhomb  line.  Another  circum- 
1/  SP  **^"*'^  would,  however,  render  the  decision  between  them  easy.  The 
\l  rali!  45th  parallel  of  latitude,  as  laid  out  by  the  surveyors  of  the  provinces  of 
Quebec  and  New  York,  in  conformity  with  the  proclamation  of  1763, 
crosses  Hall's  stream  above  its  junction  with  the  united  current  of  the 
other  two.  In  this  case,  the  latter  is  the  Connecticut  river  of  the  treatr 
of  1783,  and  Hall's  stream,  which  has  not  yet  joined  it,  must  bei  excluded. 
The  paraiiei,  as  corrected  by  the  united  operations  of  the  British  and 
American  astronomers,  under  the  5th  article  of  the  treaty  of  Ghent,  does 
not  touch  Hall's  stream ;  and  the  Connecticut  river,  to  which  it  is  pro- 
duced, is  the  united  current  of  the  three  streams.    If,  then,  the  corrected 


hat  the  Wal- 
I  have  given 
han  that  they 
mt\y  rejected 
be  contented 
I  to  be  almost 

I  sides  which 
signed  would 
in  lieu  of  the 

/  of  the  maps^ 
Britain  in  the 
3  than  one  of 

and  Mudge 
ited  States  is 
83,  by  Great 
gument,  can 

will  comply 
tly  shown  in 
.  It  would, 
)f  the  treaty 
tive  Govern- 
d  not  exist. 


Doc.  No.  31. 


35 


ly  two  given 
eady  been  a 
1  the  case  of 
to  the  north' 
)  Mercator's 
d  parallel  to 
r  of  the  sub- 
lake  of  that 
northwest  of 
itually  lies  to 
must  there- 
le  to  decide 
;es  lie  very 
ther  circura- 
easy.  The 
provinces  of 
ion  of  1763, 
irrent  of  the 
)f  the  treaty 
)ei  excluded. 
British  and 
Ghent,  docs 
:h  it  is  pro- 
le corrected 


parallel  should  become  the  boundary  between  the  United  States  and  the 
British  provinces.  Hall's  stream  must  become  <    e  of  those,  the  claim  of 
whose  source  to  the  tide  of  the  northwesternmost  head  of  Connecticut 
river  is  to  be  examined.     And  here  it  maybe  suggested,  although  with 
the  hesitation  that  is  natural  in  impeaching  such  high  authority,  that  the 
Commissioners  under  the  5th  article  of  the  treaty  of  Ghent,  in  all  proba- 
bility, misconstrued  that  instrument  when  they  reopened  the  question  of 
the  45th  parallel.     It  cannot  be  said  that  the  45th  degree  of  latitude  had 
^  "  not  been  survey ed^^^  when  it  is  notorious  that  it  had  been  traced  and  mark- 
§  ed  throughout  the  whole  extent,  from  St.  Regis  to  the  bank  of  the  Con- 
■S  nectiout  river. 

I      In  studying,  for  the  purpose  of  illustration,  the  history  of  this  part  of  the 
f  boundary  line,  it  will  be  found  that  a  change  was  made  in  it  by  the  Que- 
bec »ct  of  1774.     The  proclamation  of  1763  directs  the  45th  parallel   to 
be  continued  only  until  it  meets  highlands,  while  in  that  bill  the  Connec- 
ticut river  is  made  the  boundary  of  the  province  of  Quebec.     Now   the 
earlier  of  these  instruments  was  evidently  founded  upon  the  French  claim 
to  extend  their  possession  of  Canada  ten  leagues  from  the  St.  Lawrence 
river;  and  fro-n  the  citadel  of  Quebec,  looking  to  the  south,  are  seen  moun- 
tains whence  rivers  flow  to  the  St.  Lawrence.     On  their  opposite  slope 
there  w^as  a  probability  that  streams  might  flow  to  the  Atlantic.     These 
mountains,  however,  are  visibly  separated  from  those  over  which  the  line 
claimed  by  the  United  States  runs,  by  a  wide  gap.     This  is  the  valley  of 
the  Chaudiere,  and  the  St.  Francis  also  rises  on  the  southeastern  side  of 
these  mountains,  and  makes  its  way  through  them.     It  is  not,  therefore,  in 
any  sense,  a  dividing  ridge.     Yet,  under  the   Proclamation  of  1763   the 
provinces  of  New  York  and  New  Hampshire  claimed,  and  were  entitled 
to,  the  territory  lying  behind  it,  which  is  covered  by  their  Royal  Charters. 
The  Quebec  act,  it  would  appear,  was  intended  to  divest  them  of  it;  and 
according  to  the   construction  of  the  treaty  of  1783,  now  contended  for* 
the  United  States  acquiesced  in  this  diminution  of  the  territory  of  those 
merabeis  of  the  Union.     If,  however,  it  be  true,  as  maintained  by  Messrs. 
*eaiherstonhaugh  and   Mudge,  that  the   highlands  seen  to  the  south  of 
Quebec  are  a  portion  of  the  ridge  seen  from  southeast  to  northeast,  and  if 
as  they  maintain,  so  deep  and  wide  a  valley  as  that  of  the  St.  John  is  no 
disruption  to  the  continuity  of  highlands,  it  would  Be  possible  to  show  that 
Ihe  highlands  ot  the  treaty  of  1783  are   made  up  of  these  two  rid^res  of 
mountains,  and  that  the  United  States  is  entitled  to  the  whole  of  the^'east- 
trn  townships.     This  range  of  highlands  would  coincide  with*  the  terms 
«f  (he  Proclamation  of  1763,  by  terminating  on  the  north  shore  of  the  bay 
it*"'  ^^'^''*^   ^'^^  abraded   highlands  of  Messrs.  Featherstonhaiigh 
ftnd  Mudge  terminate  on  itsysouth  shore.     In  fact  there  is  no  step  in  their 
•rgument  which  might  not^e  adduced  to  support  this  claim,  nor  any  ap- 
parent absurdity  in  preferring  it,  which  would  not  find  its  parallel  in  one 
W  other  of  the  positions  they  assume. 

In  this  view  of  the  history  of  this  part  of  the  line,  it  becomes  evident, 

llOWeVer.  that,   in   dlvPSfino-   t\\P    Prnvinooo   r,(  M^..-   V/^..U l    XT n.         . 

Jiire  by  the  Quebec  act,  of  territory,  admitted  to  belong  to  them  in  the 
Proclamation  of  1763,  the  British  Parliament  must  have  intended  to  make 
the  encroachment  as  small  as  possible  ;  and  the  first  important  branch  of 
Ihe  Connecticut  met  wiih  in  tracing  the  45lh  parallel  must  have  been  in- 
|ended.     This  intention  is  fully  borne  out  by  the  words  of  the  treaty  of 


I 


11^        l^VJ.      1    1   J/ 


38 


Doc.  No.  31. 


8 


1783,  which  chose  from  amons;   the   branches  of  the  Connecticut  that 
whose  source  is  farthest  to  the  northwest.  ' 

It  has  therefore  been  shown,  in  the  foregoinj;  statement — 

1st.  'I'hat  the  river  to  he  considered  as  the  St.  Croix  and  is  true  source 
have  been  designated  by  a  solemn  act,  to  which  the  '^ooi\  faith  of  the  Ma- 
jesty of  Great  Britain  and  of  the  people  of  the  United  States  is  pledged, 
and  cannot  now  be  disturbed. 

2d.  That  the  boundary  line  must,  in  compliance  with  (he  provisions  of 
the  treaty  of  1783,  be  drawn  due  north  from  the  source  of  that  river,  and 
in  no  other  direction  whatever. 

3d.  That  the  northwest  angle  of  Nova  Scotia  was  a  point  sufficiently 
known  at  the  date  of  the  treaty  of  1783,  to  be  made  the  starting  point  of 
the  boundary  of  the  United  States;  that  it  was  both  described  in  the  treaty 
and  defined,  without  being  named  in  previous  olhcial  acts  of  the  British 
Gt  'ernmgnt,  in  so  forcible  a  manner  that  no  dithculty  need  have  existed 
in  finding  it. 

4th.  That  the  line  of  highlands  claimed  by  the  United  States  is,  as  the 
argument  on  the  part  of  Greet  Britain  has  maintained  it  ought  to  be,  in  a 
mountainous  egion,  while  that  proposed  by  Messrs.  Featberstoiihaugh  and 
Mudge  does  not  possess  this  character  ;  that  it  is  also,  in  the  sense  uniform- 
ly maintained  by  the  United  States,  the  height  of  land,  which  that  of  Messrs. 
Featherstonhaugh  and  Mudge  is  not;  that  it  fulfils,  in  every  sense,  the 
conditions  of  the  proclantation  of  1763,  the  Quebec  act  of  1774,  and  (he 
treaty  of  1783,  which  no  other  line  that  can  possibly  be  drawn  in  the  ter- 
ritory in  question  can  perform. 

5th.  Thi.t,  as  far  as  the  Indian  stream  and  (hat  flowing  through  Lake 
Connecticut  are  concerned,  the  so'.irce  of  the  former  must,  in  the  sense  es- 
tablished oy  (he  assent  of  both  parties,  be  considered  as  the  northwestern 
source  of  (he  Connecticut  river,  but  that  if  the  old  demarcation  of  the  45ih 
parallel  be  distuibed,  the  question  must  lie  between  the  sources  of  Hall's 
i>n«l  of  Indian  streams. 

All  which  is  respectfully  submitted. 

JAS.  RENWICK,  ) 

JAMES  I).  GHAIIAM,  S  Commissioners. 

A.  TALCOTT,  ^ 

Hon.  Daniel  Webster, 

Secretary  of  Stale. 


NOTE  L 
TREATY    OF    1794,    ARTICLE    5. 

Wlioreas  t'oubts  have  arisen  what  liver  was  truly  in(ende<l  under  the 
name  of  the  liver  St.  Croi\,  mentioned  in  the  said  (leaiy  ot  peace,  and 
forming  a  part  of  the  bound  iiy  (herein  described,  (hat  (piesiion  shall  be 
referroti  to  &".  final  decision  ul  commissioners,  to  be  appointed  in  the  igl- 
lowing  maniu   ,  viz  : 

One  commissioner  shall  he  named  by  His  Majesty,  and  one  by  (he  Pre- 
sident of  (he  United  Si.iiej*,  by  and  with  ihe  advice  and  coiihcni  o|  the 
S^^-natp  (hereof,  and  (he  said  two  com  nissioners  ssh.itl  agtce  on  (he  choice 
of  a  thir ',  or,  if  (hey  cunnDt  .  gree,  t  ley  shall  e.ich  proj)ose  one  pcsoii, 
ami  «>1  the  two  names  so  pro^x  sed,  on  •  sh;dl  l)e  drawn  by  lot  in  the  pre- 
fieace  of  the  two  oiiginal  commissioner  and  the  ihiee  co.nmi^isionurs  so 


Doc.  No.  31. 


37 


nccticut  that 


s  true  sourre 
(h  of  the  Ma- 
es is  pledged, 

provisions  of 
hat  river,  and 

\t  sufficiently 
irting  point  of 
i  in  the  treaty 
of  the  British 
have  existed 

ites  is,  as  the 
!;ht  to  l)e,  in  a 
stoiihaugh  and 
er»se  uniform- 
hat  ol  Messrs. 
f>ry  sense,  the 
1774,  and  the 
kvn  in  the  ter- 

thrnugh  Lake 
I  the  sense  es- 
northwestera 
on  of  the  45ih 
irces  of  Hall's 


mimi  SSI  oner  s» 


de<l  luuler  the 

(>{  peace,  and 

}sti(in  shall  be 

ited  in  the  igi- 

je  hy  the  Pre- 
L-ouheni  o(  the 
on  the  choiec 
Hi  one  pc  "son, 
lot  in  the  pre- 
iinijsionurs  so 


appointed  shall  !)e  sworn  impartially  to  examine  and  decide  the  said  ques- 
tion according  to  such  evidence  as  shall  respectively  be  laid  before  thera 
on  the  part  of  the  British  Government  and  of  the  United  States.  The 
said  commissioners  shall  meet  at  Halifax,  and  shall  have  power  to  adjourn 
to  such  other  place  or  places  as  they  shall  think  fit.  They  shall  have 
power  to  appoint  •\  secretary,  and  to  employ  such  surveyors  or  other  per- 
sons as  they  shall  judge  necessary.  The  said  coAmissioners  shall,  by  a 
declaration  under  their  hands  and  seals,  decide  what  river  is  the  river  St. 
Croix  intended  by  the  treaty.  The  said  declaration  shall  contain  a  de- 
scription of  the  said  river,  and  shall  particularize  the  latitude  and  longi- 
tude  of  its  mouth  and  of  its  source.  Duplicates  of  this  declaration,  and  of 
the  statements  of  their  accounts  and  of  the  journal  of  their  proceedin'^s. 
shall  be  delivered  by  them  to  the  agent  of  His  Majesty  and  the  agent°of 
the  United  States,  who  may  be  respectively  appointed  and  authorized  to 
manage  the  business  on  behalf  of  the  respective  Governments.  And  both 
parties  agree  to  consider  such  decision  as  final  and  conclusive,  so  as  that  the 
same  shall  never  thereafter  be  called  into  question  or  made  the  subject  of 
dispute  or  difterence  between  them. 


NOTE  ir. 

Declaration  of  the  commissioners  under  the  5th  article  of  the  treaty  of 
1794,  between  the  United  StUes  and  Great  Britain,  respecting'  the  true 
river  St.  Croix,  by  Thomas  Barclay,  David  Howell,  and  E-bert  Benson, 
commissioners  appointed  in  pursuance  of  the  5th  article  of  the  treaty  of 
amity,  commerce,  and  navigation,  between  His  Britannic  Majesty  and  the 
United  States  ot  America,  finally  to  decide  the  question  "  what  river  was 
truly  intended  under  the  name  of  the  river  St.  Croix,  mentioned  in  the 
treaty  of  peace  between  His  Majesty  and  the  United  States,  and  forminc^ 
a  partot  the  boundary  therein  described." 

ii,r, 

DECLARATIOX. 

VVe,the  said  commissioners,  having  been  swc^rn  impartially  to  examine 
and  decide  the  said  question  according  to  such  evidence  as  should  respect- 
ively be  laid  before  us  on  the  part  of  the  British  Government  and  of  the 
United  States  respectively,  appointed  and  authorized  to  manage  the  busi- 
ness on  behalf  of  the  respective  Governments,  have  decided,  and  hereby 
do  decide,  the  river  hereinafter  particularly  described  and  mentioned  to 
be  the  river  truly  intended  under  the  name  of  the  river  St.  Croix   in  the 
i  said  treaty  of  peace,  and  forming  a  part  of  the  boundary  therein  described  • 
|that  IS  to  say,  the  n)outh  of  the  said  river  is  in  Passamaquoddy  bay   at  a 
ipoint  ol  land  called  Joe's  point,  about  one  mile  northward  from  the  north- 
rern  part  of  St.  Andrew's  i..land,and  in  the  latitude  of  4o^  5'  and  5"  north 
|an(l  in  the  longiiude  of  67°  12'  and  30"  west  from  the  Royal  O'lservatoi  v 
lat  Gr*^enw!ch,in  Great  Britain,  and  3°5I'  and  15"  cast  fmrn  liarva.d  Col- 
flege,  in  the  Umversily  of  Caml)ri.lge,  in  the  Slate  of  M..s«ac!uisetts-  and 
^tbe  course  ol  the  said  river,  up  from  its  s.id  mouth,  is  northerly  to  a  point 
^ol  land  cajled  the  Devil's  hearl;  then,  turning  the  said  point,  i/westerlv  to 
Where  it  uivides  into  two  streams,  the  one  coming  from  the  westward  and 


i\ 


*^V/  H  t.-lHf^t\A  HT 


38 


Doc.  No.  31. 


the  other  from  the  northward,  having  the  Indian  name  of  Cheputnatecook 
or  Chebuitcook,  as  the  same  may  be  variously  spelt ;  then  up  the  said 
stream,  so  coming  from  the  northward,  to  its  soi  rce,  which  is  at  a  stake 
near  a  yellow  birch  tree,  hooped  with  iron,  and  maiked  S.  T.  and  J.  H, 
1797,  by  Samuel  Titcomb  and  John  Harris,  the  surveyors  employed  to 
survey  the  above-mentioned  stream  coming  fron  the  northward. 


NOTE  III. 
ARTICLE    FIFTH    OF    THE    TREATY    OF    GHENT,    1814. 

Whereas  neither  that  point  of  the  highlands  lying  due  north  from  the 
source  of  the  river  St.  Croix,  and  designated  in  the  former  treaty  of  peace 
between  the  two  Powers  as  the  northwest  angle  of  Nova  Scotia,  nor  the 
northwesternmost  head  of  Connecticut  river  has  yet  been  ascertained;  and 
whereas  that  part  of  the  b6undary  line  between  the  dominions  of  the  two 
Powers  which  extends  from  the  source  of  the  river  St.  Croix  directly  north 
to  the  above-mentioned  northwest  angle  of  Nova  Scotia;  thence, along  the 
said  highlands  which  divide  the  rivers  that  empty  themselves  into  the  river 
St.  Lawrence  from  those  which  fall  into  the  Atlantic  ocean,  to  the  north- 
westernmost  head  of  Connecticut  river;  thence,  down  along  the  mid- 
dle of  that  river,  to  the  forty-fifth  degree  of  north  latitude ;  thence,  by  a 
line  due  west  on  said  latitude,  until  it  strikes  the  river  Iroquois  or  Cata- 
caquy,  has  not  yet  been  surveyed,  it  is  agreed  that  for  these  several  pur- 
poses two  commissioners  shall  be  appointed,  sworn,  and  authorized  to  act 
exactly  in  (he  manner  directed  with  respect  to  those  mentioned  in  the  next 
preceding  article,  unless  otherwise  specified  in  the  present  article.  The 
said  commissioners  shall  meet  at  St.  Andrew's,  in  the  province  of  New 
Brunswick,  and  shall  have  power  to  adjourn  to  such  place  or  places  as 
they  shall  think  fit.  The  said  commissioners  shall  have  power  to  ascer- 
tain and  determine  the  points  above-mentioned  in  conformity  with  the 
provisions  of  the  said  treaty  of  peace  of  1783,  and  shall  cause  the  boundary 
aforesaid,  from  the  source  of  the  river  St.  Croix  to  the  river  Iroquois  or 
Cataraquy,  to  be  surveyed  and  marked  according  to  the  said  provisions. 
The  said  commissioners  shall  make  a  map  of  the  said  boundary,  and  annex 
to  it  a  declaration  under  their  hands  and  seals,  certifying  it  to  be  the  true 
map  of  the  said  boundary,  and  particularizing  the  latitude  and  longitude 
of  the  northwest  angle  of  Nova  Scotia,  of  the  northwesternmost  head  of 
Connecticut  river,  and  of  such  other  points  of  the  said  boundary  as  they 
may  deem  proper,  and  both  parties  agree  to  consider  such  map  and  decla- 
ration as  finally  and  conclusively  fixing  the  said  boundary.  And  in  the 
event  of  the  said  two  commissioners  differing,  or  both  or  either  of  them  re- 
fusing, declining,  or  wilfully  omitting  to  act,  such  reports,  declarations, 
or  statements,  shall  be  made  by  them,  or  either  of  them,  and  such  refer- 
ence to  a  friendly  Sovereign  or  Stale  shall  be  made  in  all  respects  as  in  the 
latter  part  of  the  fourth  article  is  contained,  and  in  as  full  a  manner  as  if 
the  same  was  herein  repeated. 


NOTE  IV. 


The  point  originally  chosen  by  the  commissioners  in  1798,  as  the  source 
of  the  St.  Croix,  was,  to  all  appearance,  the  act  of  an  umpire  who  wished 


7 


leputnatecook 
I  up  the  said 

is  at  a  stake 
T.  and  J.  H, 

employed  to 
ard. 


14. 

orth  from  the 
eaty  of  peace 
cotia,  nor  the 
:ertained;  and 
ans  of  the  two 
directly  north 
nee,  along  the 
into  the  river 
,  to  the  north- 
long  the  mid- 
thence,  by  a 
juois  or  Cata- 
B  several  pur- 
horized  to  act 
ed  in  the  next 
article.  The 
vince  of  New 
!  or  places  as 
iwer  to  ascer- 
inity  with  the 
J  the  boundary 
er  Iroquois  or 
id  provisions, 
ry, and  annex 
to  be  the  true 
and  longitude 
nmost  head  of 
ndary  as  they 
ap  and  decla- 
And  in  the 
er  of  them  re- 
declarations, 
»d  such  refer- 
jects  as  in  the 
,  manner  as  if 


I)oc.  No.  31. 


39 


,  as  the  source 
e  who  wished 


i 


to  reconcile  two  contending  claims  by  giving  to  each  party  about  half  the 
matter  in   dispute.     No  one  who  compares  Mitchell's  map  with  that  of 
Messrs.  Featherstonhaugh  and   Mudge  can  fail  to  recognise  in  the  St 
Croix  of  the  former  the  Magaguadavic  of  the  latter.     That  this  was  the 
St.  Croix  intended  by  the  framers  of  the  treaty  of  1783,  was  maintained, 
and  It  may  be  safely  asserted  proved,  on  the  American  side.     On  the  other 
hand   It  was  ascertained  that  the  river  called  St.  Croix  by  Dumonts  was 
the  Schoodiac,  and  the  agent  of  Great  Britain  insisted  that  the  letter  of 
the  instrument  was  to  be  received   as  the  only  evidence,  no  matter  what 
might  have  been  the  intentions  of  the  framers.    The  American  araument 
rested  on  the  equity  of  the  case  ;  the  British  on  the  strict  legal  interpreta- 
tion  of  the  document.     The  commissioners  were  divided  in  opinion,  each 
espousing  the  cause  of  his  country.     In  this  position  of  things;  the  umpire 
provided  for  in  the  treaty  of  1794  was  chosen ;  and,  in  tne  United  StStes 
it_has  always  been  believed,  unfortunately  for  her  pretensions.     A  lawyer 
of  eminence,  who  had  reached  the  seat  of  a  judge,  first  of  a  State  court 
and  then  of  a  tribunal  of  the  General  Government,  he  prided  himself  on 
his  freedom   from  the  influence  of  feeling  in  his  decisions.     As  commis- 
«ioner  for  the  settlement  of  the   boundary  between  the  States  of  New 
York  and  Vermont,  he  had  offended  the  former  of  which  he  was  a  native 
by  admitting  the  claim  of  the  latter  in  its  full  extent ;  and  it  was  believed 
that  he  ,vould  rather  encounter  the  odium  of  his  fellow-citizens  than  run 
the  risk  of  being  charged  with  partiality  towards  them.     Colonel  Barclay, 
hZuT      ?^™™»?f  °"«'''7ho  concurred  in  choosing  him  as  umpire,  had 
been  his  schoolfellow  and  youthful  associate;  and  it  is  believed  in  the 
from  .  ifn    7  1       he  concurred  in  if  he  did  not  prompt  the  nomination, 
from  a  knowledge  of  this  feature  of  character.     Had  he,  as  is  insinuated 
by  Messrs.  Featherstonhaugh  and  Mudge,  been  inclined'to  act  with  par 
1 1   ^i?-'"'?'    r'  °'^"  ''°""*''^'  ^^  ''«^  '"«st  plausible  grounds  for  giving 
f.Iti^   '"  her  favor;  and  that  he  did  not  found  his  decisions  upon  them! 
lafd   vL""''     f"  determination  to  be  impartial,  which  his  countrymen  have 
Zn.  Zt  "^^"'f^^^^d '"  «  leaning  to  the  opposite  side.     Those  who  suspect 
e ircum.HnLl    ?1       ^  ""Proper  motives,  must  either  be  ignorant  of  the 
eircumstances  of  the  case,  or  else  incapable  of  estimating  the  purity  of  the 
character  ot  Egbert  Benson.     His  award,  however,  has  nothing  to  do  with 
h^^.r  '°"'''"''''u"u''f''''*^''  "P°"-  Both  parlies  were  dissatisfied  with 
.neTwhf'rh  T^''^  he  arrived,  and,  in  consequence,  a  conventional 
nne,in  which  both  concurred,  was  agreed  upon;  and  the  award  of  the  cora- 

IfTr'V7ifr  ""^''^  ^'''"  'V^''""'  ""^*°  make  this  convention  binding, 
rich;.  v!v  1?^  Governments  should  think  it  expedient  to  unsettle  the  vested 
rights  uhich  have  arisen  out  of  the  award  of  1798,  there  is  a  stron?  and 
a'  Th^  'b^unT'  ''"  ^^h1^  '''  Ignited  States  may  claim' th:  M^g:  ua^vic 
lev  of  hpS^lT  %"  ^he  meridian  line  of  i(s  source  will  throw  the  val- 
of\he  sLo  nf  ^3'•  Zli'^'f^  '?  '^'  Grand  falls,  within  the  limits 
V  olate  iod  fW  h  tn"'-  '^ll''  '''"*^'^?''^'  K  ''  "^««'^'ained  that  it  would 
thatanfmnlf  *^'■^°^^«", Jhe  question,  there  is  good  reason  to  hope 
_  that  an  impartial  umpire  would  decide  it  so  as  to  pIvp  th^  n^n^A  s»a»^^* 
^ihe  boundary  formerly  claimed.  "  ^  '         " 

NOTE  V. 

The  angle  made  by  the  southern  boundary  of  the  province  of  Quebec 


'V: 


40 


Doc.  No.  31. 


with  the  due  north  line  from  the  source  of  the  St.  Croix  first  appeared  in 
an  Engh'sh  dress  in  the  commission  to  Governor  Wilinot.  This  was  prob- 
ably intended  to  be  identical  .n  its  meaninj;  with  the  terms  in  the  Latin 
grant  to  Sir  William  Alexander,  although  there  is  no  evidence  to  that  effect. 
If,  therefore,  it  were  a  false  translation,  the  error  has  been  committed  on 
the  side  of  Great  Britain,  and  not  on  that  of  the  United  States.  But  it  is 
not  a  false  iranslatiftn,  as  may  be  shown  to  the  satisfaction  of  the  merest 
tyro  in  classical  literature. 

The  words  of  the  grant  to  Sir  William  Alexander,  as  quoted  by  Messrs. 
Featherstonhaugh  and  Mudge,  are  as  follows,  viz: 

"  Omnes  et  singulas  terras  continentis,  ac  insulas  sifuatas  et  jacentes  in 
America  intra  caput  seu  promontorium  communiter  Cap  de  Sable  appellat. 
Jacen.  prope  latitudinem  quadraginta  trium  graduum  aut  eo  circa  ab  «qui- 
coctiali  linefi  versus  septentrionem,  d  quo  promontorio  versus  littus  maris 
tenden.ad  occidenlem  ad  stationem  Sancise  Marine  navium  vulgo  Sanctma- 
rets  Bay.  Et  deinceps,  versus  septentrionem  per  djrectam  lineam  introi- 
tum  give  ostium  magnae  illiusstationi.s  navium  trajicien.  quae  cxcurrit  in  terrae 
orientalem  plagam  inter  regionesSuriquorum  et  Etcheminorum  vulgo  S'ua- 
qiwis  et  Etc/iemines  ad  fluvium  vulgo  nomine  Sancla  C/Mm appellat.  Et 
ad  seaturiginem  remotissimam  sive  fbniemexoecidentali  parte  ejusdem  qui 
se  primum  predicto  fluvio  immiscet.  Unde  per  imaginariam  directam  line- 
am  quae  pergere  per  terram  seu  curreie  versus  septentrionem  concipietur 
ad  proximam  navium  stationem,  fluvium  vel  seaturiginem  in  magno  fluvio 
de  Canada  sese  exonerantem.  Et  ab  eo  pergendo  versus  orieniem  per 
maris  oris  littorales  ejusdem  fluvii  de  Canada  ad  fluvium  stationem  navium 
portum  aut  littus  communiter  non-ine  de  Gathtpe  vel  Gaspee  notum  et 
appellatum." 

The  authentic  Latin  copy  ot  the  grant  to  Sir  William  Alexander,  as  com- 
municated officially  by  the  British  Government,  contains  no  commas,  and 
would  read  as  follows: 

"  Omnes  et  singulas  terras  continentis  ac  insuh.s  situatas  et  jacentes  in 
America  intra  caput  seu  pronjontorium  communiter  Cap  de  Sabie  appellat. 
Jacen.  prope  latitudinem  quadraginta  trium  graduum  aut  eo  circa  ab  equi- 
noctiali  lineA  versus  septentrionem  a  quo  promontorio  versus  littus  maris 
tenden.  ad  occidentem  ad  stationem  Sanctai  Mariae  navium  vulgo  Sanctma- 
reis  bay.  Et  deinceps  versus  septentrionem  per  directam  lineam  introit- 
um  sive  ostium  magnae  illius  stationis  navium  (•  ajicien.  quae  excurrit  in  terrae 
orientalem  plagam  inter  regiones  Suriquorum  et  Etecheminorum  vulgo  Suri- 
quois  et  Etechemines  ad  fluvium  vulgo  nomine  Sanctae  Crucis  appellat.  Et 
ad  seaturiginem  remotissimam  sive  lontem  ex  occidentali  parte  ejusdem  qui 
66  primum  predicto  flu\io  immiscet.  Unde  per  imaginariam  directam  line- 
am  quae  peigere  per  teiram  seu  currere  veisus  septentrionem  concipietur 
ad  proximam  navium  stationem  fluvium  vel  seaturiginem  in  magno  fluvio 
de  Canada  sese  exonerantem.  Et  ab  eo  pergendo  versus  orientem  per 
maris  oris  littorales  ejusdem  fluvii  de  Canada  ad  flu\iuni  stationem  navium 
portum  aut  littus  communiter  nomine  de  Gathepe  vel  Gaspee  notum  et 
appellatum." 

'I'he  translation  of  Mof^srs.  Mudgo  and  Fcatlierslonliangh  is  as  follows  = 

"  All  and  each  of  (he  lands  of  the  continent,  and  the  islaiuls  situated  and 
lying  in  Anieiica  within  tin;  lieadland  or  promontory,  commonly  called 
Laie  Salde,  lying  near  the  f«)ily-thir<i  degiee  of  ladiude  fcom  the  cquinoc- 
(iJ  iiue  or  thereabouts.     From  which  piomontory  stretching  wcslwardly, 


Fy^ 


l)oc.  No.  31. 


41 


rst  appeared  in 
rhisj  was  piob- 
:)s  in  the  Latin 
e  to  that  effect, 
committed  on 
ates.  But  it  is 
I  of  the  merest 

>ted  by  Messrs. 

3  et  jacentes  in 
Soble  appellat. 
)  circa  ab  «qui- 
sus  littus  maris 
ulgo  Sanctma- 
(1  lineam  introi- 
xcurrit  in  terras 
um  \'u\^oSuri- 
16'appeilat.  Et 
lie  ejusdem  qui 
1  directam  line- 
em  concipietur 
n  magno  fluvio 
5  orieniem  per 
itionem  navium 
aspee  notum  et 

icander,  as  com- 
ic commas,  and 

s  et  jacentes  in 
Sable  appellat. 
)  circa  ab  equi- 
jus  littus  maris 
vulgo  Sanctma- 
lineam  introit- 
ixcurrit  in  lerrae 
rum  vulgo  Suri- 
•is  appellat.  Et 
ute  ejusdem  qui 
It  directam  line- 
[lem  concipietur 
in  magno  fluvio 
us  oiientem  per 
ationem  navium 
aspee  notum  et 

ih  is  as  follows- 
lids  situated  and 
Dinmonly  called 
)iu  the  tquinoc- 
ing  westward ly, 


towards  the  north,  by  the  sea  shore,  to  the  na%'al  station  of  St.  Mary,  com- 
monly called  St.  Mary's  bay.  From  thence,  passing  towards  the  north  by 
a  straight  line,  the  entrance  or  mouth  of  that  great  naval  station,  whicb 
penetrates  the  interior  of  the  eastern  shore  betwixt  the  countries  of  the 
Suriquois  and  Etchemins,  to  'he  river,  commonly  called  the  St.  Croix.  And 
to  the  most  remote  source  or  spring  of  the  same  on  the  western  side, 
,  which  first  mingles  itself  ivjuh  the  aforesaid  river.  From  whence,  by  an 
.  imaginary  straight  line,  which  may  be  supposed  (concipietur)  to  advance 
^  into  the  country,  or  to  run  towards  the  north,  to  the  nearest  naval  sta- 
■  tion,  river,  or  spring,  discharging  itself  into  the  great  river  of  Canada. 
I  And  from  thence  advancing  towards  the  east  by  the  gulf  shores  of  the  said  ' 
I  river  of  Canada,  to  the  river,  naval  station,  port,  or  shore,  commonly  known 
il  or  called  by  the  name  of  Gathepe  or  Gaspe." 
^  The  only  American  translations  which  hav< 
i  argument,  are  as  followfi : 


■e  ever  been  presented  in 


,  Translation  of  Messrs.  Gallatin  and  Preble,  who  were  employed  to  prepare 
js.  the  statement  laid  before  the  King  of  the  Netherlands. 

^  "  Beginning  at  Cape  Sable,  in  43°  north  latitude,  or  thereabout,  extend- 
I  ing  thence  westwardly,  along  the  sea  shore,  to  the  road  commonly  called 
*St.  Mary's  bay;  thence  towards  the  north,  by  a  direct  line  crossing  the 
^entrance  or  mouth  of  that  great  ship  road  which  runs  into  the  eastern 
•tract  of  land,  between  the  territories  of  the  Souriquois,  and  of  the  Etchemins, 
*(Bay  of  FunJy,)  to  the  river,  commonly  called  St.  Croix,  and  to  the  most 
^remote  spring  or  source  which  from  the  western  part  thereof  first  mingles 
%*tself  with  the  river  aforesaid;  and  from  thence,  by  an  imaginary  direct 
"Inline,  which  may  be  conceived  to  stretch  through  the  land,  or  to  lun  to- 
^wards  the  north,  to  the  nearest  road,  river,  or  spring,  emptying  itself  into 
*^he  great  river  de  Casiada;  (river  St.  Lawrence,)  and  from  thence,  pro- 
Iceeding  eastwardly,  along  the  sea  shores  of  the  said  river  de  Canada,  to 
*nhe  river,  road,  port,  or  shore,  commonly  known,  and  called,  by  the  name 
%f  Gathepe  or  Gaspe." 

^Translation  of  Mr.  Bradln/,  the  ^^merican  agent,  under  the  5th  ar- 
.t  tide  of  the  ireuly  of  Ghent  : 

I  "  By  the  tenor  of  this  our  present  charter,  we  do  give,  grant,  and  con- 
0ey  to  the  said  Sir  William  Alexander,  his  heirs  or  assigns,  all  and 
^■ingular,  the  lands  of  the  continent  and  islands,  situated  and  lying  in 
America,  within  the  headland  or  promontory,  commonly  called  Cape  Sa- 
Me,  lying  near  the  latitude  of  43°  or  thereabout,  from  the  equinoctial  line, 
|owards  the  north,  from  which  promontory,  stretching  towards  the  shore 
"if  the  sea  to  the  west  to  the  road  of  ships  commonly  called  St.  Mary's 
|iay,  and  then  towards  the  north,  by  a  direct  line  crossing  the  entrance'or 
houth  of  that  great  load  of  ships  which  runs  into  the  eastern  tract  of  land, 
letween  the  teriitories  of  the  Souriquois  and  the  Etchemins,  to  the  river 
lalled  by  the  name  of  St.  Croix,  and  to  the  most  remote  spring  or  fountain 
Tom  the  western  part  thereof,  u  liich  fust  mingles  itself  u  i'.h  the  river  a!ore- 
aid,  whence,  by  an  imaginary  direct  line,  uhich  may  be  conceived  to  go 
Ihrough  or  run  towards  the  north,  to  the  nearest  road  of  ships,  river,  or 
Spring  emptying  itself  into  the  great  river  of  Canada  ;  and  from  thence, 
proceeding  towards  the  east  by  the  shores  of  the  sea  of  the  said  river  of 


42 


Doc.  No.  31. 


Canada,  to  the  river,  road  of  ships,  or  shore,  commonly  known  and  called 
by  the  name  of  Gachepe  or  Gaspe.  " 

But  the  translations  of  the  Americans  were  merely  for  form's  sake,  as 
(he  original  Latin,  in  a  copy  fnrnished  from  a  British  public  office,  was 
laid  before  the  King  of  the  Netherlands ;  and  no  fear  need  have  been  felt 
that  the,umpire  would  not  have  been  able  to  judge  whether  the  transla- 
tions were  true  or  not.  It  was  rather  to  be  inferred  that  he,  in  examining 
a  question  submitted  in  a  language  foreign  to  him,  would  have  found  the 
Latin  quite  as  intelligible  as  the  English.  This  examination,  however, 
is  wholly*superfluous. 

From  whatever  source  the  negotiatiors  of  the  treaty  of  1783  derived 
their  view  of  the  boundary,  that  instrument  directs  that  it  shall  be  a  due 
north  line  from  the  source  of  the  river  St.  Croix.  This  expression  is 
too  definite  to  require  explanation  or  illustration,  and  it  is  only  for  those 
purposes  that  any  other  instrument  can  be  permitted  to  be  quoted. 

In  the  passages  referred  to,  the  words  "  versus  septentrionem  "  occur 
three  times,  and  in  two  of  the  instances  are  qualified  by  the  context  in 
such  manner  as  to  leave  no  possible  doubt  as  to  the  meaning.  The  first 
time  they  occur,  the  words  of  the  passage  are  "  prope  latitudinem 
quadraginta  trium  graduum  aut  eo  circa  versus  septentrionem. ''  The 
free  translation  into  modern  idiom  is,  beyond  doubt,  '■'■  near  the  forty-third 
degree  of  north  latitude  or  thereabouts, "  and  the  direction  towards  the 
north  must  be  along  a  meridian  line  on  which  latitude  is  measured,  or  due 
north.  Messrs.  Mudge  and  Featherstonhaugh,  instead  of  connecting  in 
their  translation,  the  words  "  versus  septentrionem "  with  the  words 
^*  prope  latitudinem,"  &c.,  with  which  they  stand  in  juxtaposition  in  the 
Latin  text  which  they  quote,  connect  them  with  the  words  "  ad  occiden- 
tem  tendentera,"  which  occur  in  the  next  elause  of  the  sentence,  even 
according  to  their  own  punctuation.  We  note  this  as  a  false  translation, 
although  it  does  not  touch  the  point  in  dispute.  They  have,  indeed,  at- 
tempted to  use  it  in  their  argument;  but  even  if  the  use  they  make  of  it 
had  been  successful,  their  inferences  fall  because  drawn  from  erroneous 
premises, 

The  second  clause  in  which  the  words  occur  is  as  follows,  "  ad  stationem 
.navium  Sanctae  Mariae  vulgo  St.  Mary's  Bay,  et  deinceps  versus  septen- 
trionem per  directam  lineam  introitum  sive  ostium  magnae  illiusstationis 
navium  trajicientem,"  &c.,  "ad  fluvium vulgo  nomine  Sanctae  Crucis  ap- 
pellatum."  Here  the  line,  although  directed  to  be  drawn  towards  the 
north,  is  also  directed  to  be  drawn  between  two  given  points;  and  it  is 
clear  that,  under  the  double  direction,  if  they  should  differ  from  each  other, 
the  position  of  the  given  points  must  govern,  and  the  line  be  traced  from 
one  of  them  to  the  other,  no  matter  what  may  be  their  bearings. 

The  last  time  the  words  occur  is  after  the  direction  that  the  line  shall 
pass  up  the  St.  Croix,  and  to  the  most  remote  western  spring  or  fountain 
of  that  stream  "  unde  per  imaginariam  lineam  directam  quae  pergere  per 
terram  seu  currere  versus  septentrionem  concipietur. "  flere  alone  can 
any  doubt  exist  as  to  the  meaning  of  the  terms,  and  that  is  easily  solved. 

The  boundary   poinied  out  in  the  instrument  is  "  such  as  may  be  con- 

•ceived  to  go  or  run  towards  the  north  by  (per)  a  direct  (directam)  line." 

Now,  a  direct  line  towards  the  north  can  be  no  other  than  a  meridian  line. 

Had  it  been  merely  a  straight  line  of  vague  northerly  direction  which  was 

meant,  rectum,  the  usual  expression   for  a  mathematical  straight  line. 


I 


■1 


)  and  called 

ii's  sake,  as 
office,  was 
'6  been  felt 
the  transla- 
examining 
e  found  the 
»,  however, 

^83  derived 
ill  be  a  due 
:pression  is 
ly  for  those 
tted. 
era"  occur 

context  in 
The  first 
latitudinem 
?m. "  The 
J  forty-third 
owards  the 
ired,or  due 
meeting   in 

the  words 
lition  in  the 
ad  occiden- 
ence,  even 
translation, 

indeed,  at- 

raake  of  it 
i  erroneous 

d  stationem 
SU9  septen- 
iusstationis 
Crucis  ap- 
awards  the 
s;  and  it  is 
each  other, 
raced  from 


line  shall 
or  fountain 
ergere  per 

alone  can 
y  solved, 
lay  be  con- 
am)  line." 
ridian  line, 
which  was 
aight  line. 


Doc.  T^To   31. 


43 


would  have  been  used  instead  of  directam.  It  is  moreover  to  be  consi- 
dered that  the  Romans  had  names  both  for  the  northeast  and  northwest 
points  of  the  compass,  and  that  the  expression  "versus  septentrionem," 
in  its  most  vapue  application,  could  not  possibly  have  admitted  of  a  devia- 
tion of  more  than  two  points  on  either  hand.  Had  the  direction  intended 
deviated  more  than  that  amount  from  the  true  north,  the  Latin  term  cor- 
responding to  northeast  or  northwest  must  have  been  used.  Nor  is  this  a 
matter  of  mere  surmise;  for,  in  a  passage  immediately  following  that 
which  has  been  quoted,  the  direction  through  the  Gulf  of  St.  Lawrence, 
towards  Cape  Breton,  is  denoted  by  the  term  *'•  versus  Euronotum,'* 
leaving  no  possibility  of  doubt  that,  had  the  line  directed  to  be  drawn 
from  the  source  of  the  St.  Croix  been  intended  to  have  a  no'thwestern 
bearing,  the  appropriate  Latin  words  would  have  been  employed. 

It  is  besides  to  be  recollected  that  the  instrument  was  drawn  by  a  per- 
son using  habitually  and  thinking  in  a  modern  idiom,  and  that,  in  transla- 
ting the  English  words  due  north  into  Latin,  no  other  possible  expression 
could  suggest  itself  than  the  one  employed.  Such,  then,  was  the  sense 
appropriately  given  to  the  Latin  words,  first  in  the  commission  of  Govei- 
nor  Wilmot,  and  his  successors,  Governors  of  Nova  Scotia ;  and  subse- 
quently in  the  commission  oi  all  the  Governors  of  New  Brunswick,  from 
the  time  that  it  was  erected  into  a  province  until  the  question  was  refer- 
red to  the  King  of  the  Netherlands.     In  this  referrence,  although  a  trans- 


lation was  given  in  the  American  argument,  it  was  not  as  quoted  by 
Messrs.  Featherstonhaugh  a-^.d  Mudge,  but  was  in  the  words  which  have 
already  been  cited. 

Connected  with  this  subject,  although  like  it  wholly  irrelevant,  is  another 
conclusion  which  Messrs.  Mudge  and  Featherstonhaugh  attempt  to  draw 
from  the  same  grant  to  Sir  William  Alexander.  That  charter  directs  the 
line  "  versus  septentrionem  "  to  be  produced  "  ad  proximam  navium  statio- 
nem, fluvium,  vel  scaturiginemin  magnoiluvio  de  Canada  sese  exoneran- 
tem.  "  It  can  hardly  be  credited  that,  although  a  literal  translation  of  this 
passage  is  given,  including  the  whole  of  the  three  terms,  naval  station,  ri- 
ver, or  spring,"  that  it  is  attempted  to  limit  the  meaning  to  the  first  ex- 
pression only,  and  to  infer  that  as  Quebec,  in  their  opinion,  is  the  first  na- 
val station  above  Gaspc  or  the  St.  Lawrence,  the  line  "  versus  septentrio- 
nem "  was  intended  to  be  drawn  towards  that  place,  but  that  as  "spring" 
is  also  mentioned,  the  line  must  stop  at  the  source  of  the  Chaudiere. 
Now  it  has  been  uniformly  maintained  by  British  authorities,  and  most 
strongly  in  the  discussion  which  preceded  the  war  of  1756,  that  Nova 
Scotia  extended  to  the  St.  Lawrence.  The  boundary  of  Sir  William 
Alexander's  grant,  was  therefore  to  be  changed  from  a  geographical  line  to 
a  water  course,  as  soon  as  it  met  with  one;  and  the  apparently  useless  ver- 
biage was  introduced  to  meet  every  possible  contingency.  Supposing, 
however,  that  it  did  not  extend  so  far,  the  northwest  angle  of  his  Nova 
Scotia  will  be  where  the  meridian  line  of  the  Si.  Croix  crosses  the  Beaver 
stream  running  into  Lake  Johnson,  only  a  mile  to  the  north  of  the  point 
maintained  by  the  American  claim  to  be  such. 

The  ma"  of  L'Escarbot  nijoted  bv  Messrs.  Mudce  and  Fcatherston- 
haugh,  illustrates  both  this  point,  and  the  second  instance  in  which  the 
term  "versus  septentrionem"  is  employed.  On  that  map,  due  north  of 
the  Bay  of  St.  Mary's,  a  deep  inlet  of 'the  Bay  of  Fundy  is  repre- 
lented,  and,  continuing  in  the  same  diiection,  a  deep  inlet  of  the  St.  Law* 


44 


Doc.  No.  31. 


rit. 


V'P 


rence  is  figured.  The  latter  does  not  exist,  but  this  map  shows  that  it 
was  believed  to  exist  at  the  time  of  the  grant,  and  must  bo  the  "  stiitio 
naviutn  "  of  thiit  instrument. 

This  inlet  of  the  Bay  of  Fundy  occupies  the  position  of  the  St.  John, 
which  is  almost  due  noilh  by  the  most  recent  determination  from  St.  Mary's 
bay,  and  is  so  represented  on  their  own  map.  That  the  St.  John  was  by  mis- 
take arising  from  this  cause  taken  for  the  St.  Croix  in  the  charter  to 
Alexander,  is  obvious  from  its  bein-:  described  as  lying  between  the  ter- 
ritories of  the  Etcheiiiin  and  Souriquois,  Now  Etehenkin,  or  canoe  men, 
is  the  name  given  by  the  Micmac  Indians  to  the  race  of  the  Abenakis, 
from  their  skill  in  the  management  of  the  canoe  ;  and  this  race  has  always 
inhabited  the  river,  whence  one  of  their  tribes  is  still  called  St.  John's 
Indians.  The  language  of  this  tribe,  although  they  have  lived  apart  for 
many  years,  is  still  perfectly  intelligible  by  the  Indians  of  the  Penobscot; 
and  those  in  the  service  of  the  Commission  conversed  with  perfect  ease 
with  the  Indians  of  Tobique.  Massachusetts,  then,  was  riiht  in  claiming 
to  the  St.  John  as  the  eastern  limit  of  the  grant  to  Sir  William  Alex- 
ander, being  the  stream  understood  and  described  in  it  under  the  name  of 
St.  Croix,  and  wholly  different  from  the  river  known  to  the  French  under 
that  name.  If,  therefore.  Great  Britain  should  insist  that  the  question  in 
relation  to  the  St.  Croix  shall  he  reopened,  the  United  States  would  be 
able  to  maintain,  in  the  very  i(  ms  of  the  original  grant  to  Alexander,  (on 
which  the  British  argument  in  1797  rested,)  that  the  St.  John  is  the  St. 
Croix,  and  the  boimdary  will  be  that  river  to  its  most  northwestern  source, 
the  Asherhish,  which  tlows  into  the  upper  end  of  Lake  Temiscouata. 
Nova  Scotia  will  then  have  recovered  her  lost  northwest  angle,  which 
cannot  be  found  in  any  of  the  many  shapes  under  which  the  British  argu- 
ment has  been  presented,  although  it  forms  the  plate  of  beginning  of  what 
ia  called  a  grant  to  the  ''nited  States. 


NOTE  VI. 

The  fact  that  a  line  drawn  from  the  source  of  the  Kennebec  to  the  mouth 
of  the  (Jhaudieie,  or  thereabout.-?,  must  be  one  of  the  boui  dary  lines  of  fh< 
grant  to  the  Duke  of  York,  has  not  escaped  the  notice  of  Messrs.  Feather- 
stonhaugh  and  Mudge.  But  they  have  not  derived  the  tiuf  result  from 
this  discovery.  The  Kennebec  being  the  westtrn  limit  of  Hie  grar  t,  the 
line  in  question  bounds  the  territory  on  the  *^  ithwest,  while  thev  infer 
that  it  bounds  it  on  tlfe  northeast.  In  making  this  inference,  they  appear 
to  have  forgotten  that  the  St.  Croix  is  the  easterii  boundarv  of  the  j^rant. 
By  their  argument,  the  grant  to  the  Duke  of  York  is  bloited  wholly  from 
the  maj),  or  rather  becomes  a  mathematical  line  which  is  absurd. 


J 


Hook,  at  til 
therefore  i 
and  all  »he 
settlement 
to  Port  Ro 
tion  from  \ 
quest,  it  W( 
Sterling  wi 
in  the  coJir 
the  son  of 
father,  and 
by  the  tiea 
fled  for  the 

In  the  si 
of  Massacl 
Utrecht,  in 
with  its  ant 
from  this  v 
tween  Fra 
war  of  17iJ 
Acadic  an 
that  the  te 
on  the  oth 
than  ten  le 
by  the  Bi 
which  for II 
limited  to  t 
cbarterof  I 
Governme 
source,  as 
admitted  K 

It  is  ver; 
as  Acadie. 
of  the  li ly 
that  vicini 

From  tl 
them  a  ler 
of  Acadia 
ton;  ami  i 
west  >r  tl 
Frederictc 
Ibrmed  b} 
tion  of  ih( 

This  sei 
fuge  at  Mi 


t^ 


ISOTL-   VIi 


No  name  which  has  ever  been  applied  to  any  jiart  of  North  America 
is  as  vague  as  tiiat  of  Ac  die.*  The  charier  to  De  Moots  in  1  (04,  extended 
from  the  40th  tothe4Gth  degree  of  nortb  latitude — ihat  is  to  sa\.  fiom  Sandy 


•  Ki'fio't,  til 
•}■  It   caiino 
Acudie  w:i.s 
Ne.v  Kiijjliiiw 
<•il^r,  wet'  ii 
grant  t  >  Do  i\ 


Jl 


Doc.  No.  31. 


45 


)W8  that  it 
ie  '^Htiitio 

St.  John, 
St.  Mary's 
/ashy  mis- 
chaitcr  to 
;n  the  ter- 
anoe  men, 
Abeiiakis, 
iias  always 
St.  Johtt's 
1  apart  for 
Penobscot; 
rfect  ease 
I)  claiming 
iam  Alex- 
»e  name  of 
nch  under 
{uestion  in 
i  would  be 
under,  (on 
I  is  the  St. 
^rn source, 
miscouata. 
gle,  which 
itish  argu- 
ng  of  what 


the  mouth 
lines  of  lh<. 
s.  Feather- 
esult  from 
grat  t,  the 
the\  infer 
ley  appear 
(he  grant, 
holly  from 


ip 


Hook,  at  the  mouth  of  the  Hudson,  to  the  peninsula  of  Nova  Scolia.  It 
therefore  included  New  VoiU,  parts  of  New  Jersey,  and  Penr.sylvania, 
and  all  the  New  England  States,  hut  excluded  ihe  di^pulcd  territory.  His 
settlement  wi\s  at  the  mouth  of  tlie  St.  Croix,  but  was  speedily  lenioved 
to  P<»rt  Royal.  The  latter  place  was  soon  alter  desiro}ed  by  an  expedi- 
tion  from  Virjitinia  under  Argall.  Under  the  title  tk  rived  lium  this  con- 
quest, it  would  ap])eac  probable  that  the  celebrated  grant  to  Sir  William 
Sterling  was  macJe.  liirl  when  his  agents  attempted  to  riiake  betllenmnts 
in  the  country,  they  found  that  the  Piench  had  preoccupied  it.  Although 
the  son  of  Alexander  succeded  in  coii(|uering  the  country  granted  to  his 
father,  and  even  beyond  it  to  the  Penobscot,  it  was  restored  to  Fiance 
by  the  treaty  of  St.  Germains,  in  IG34,  and  the  Alexanders  were  indemni- 
fied for  the  loss  by  the  Crown  of  England. 

In  the  subse(juent  cessions  to  F'rancc  after  its  occupations  by  the  arms 
of  Massachetls,  and  in  its  final  cession  to  Creat  Britain,  by  the  treaty  of 
Utrecht,  in  1713,  the  country  ceded  is  described  as  Acadie  or  Nova  Scotia, 
with  its  ancient  boundsftv/m  Jlidhus  antu/iiis.)  Tire  uncertainty  arising 
from  this  va^ue  descripiior*  became  in  HSO,  a  subject  of  controversy  be- 
tween France  and  England,  and  was  one  of  the  causes  which  led  to  the 
war  of  175G.  In  (his  discussion,  both  parties  admitted  that  the  names 
Acadie  and  Nova  Scotia  \>ere  convertible  terms.  England  maintained 
that  the  territory  thus  named  extended  to  the  St.  Lawrence^  the  i^'rench, 
on  the  other  hand,  insisted  that  their  Acadie  had  tjpver  extended  more 
than  ten  leajjues  from  the  Bay  of  Fundy;  while  by  geographers,  as  quoted 
by  the  Briti?h  Commi>sioners,  the  name  was  limited  to  the  peninsula 
w'hicli  forms  the  present  province  ol  Nova  Scotia.*  If  Acadie  had  been 
limited  to  the  north  by  the  'iGtIi  degree  of  north  latitude,  as  expressed  in  the 
tbar-terof  L)e  Monis,  that  parallel  is  to  the  i-outli  of  Mars  hill.  The  British 
Govei-iirnent,  therefore,  derives  no  title  to  liic  disputed  territory  from  this 
source,  as  the  title  of  Mass.iclmsclts,  and  of  Maine  as  hei  successor,  is 
admitted  to  all  country  south  of  that  parallel. | 

It  is  very  easy  to  (ell  what  country  was  actually  settled  by  the  French 
as  Acadie.  Its  chief  town  was  Port  Royal,  no  iimapolis,  at  ihe  head 
of  the  B:iy  of  Fnndy.  Nearly  all  the  settlen-cui.-,  of  the  Acadians  were  in 
that  vicinity,  and  for  the  most  part  within  tin.  peninsula. 

From  these  scats  they  were  removed  in  I75G  by  Great  Britain;  and  to 
lliem  a  remnant  was  permitted  to  return.  Tiie  most  western  settlement 
of  Acadians  was  on  (he  St.  John  river,  near  the  present  site  of  Frederick- 
ton;  ami  no  permanent  occupation  Wiis  ever  made  by  them  ot  country 
west  <K  the  St.  Croix.  It  is  evc;n  doubtful  whether  the  settlement  near 
Fredcricton  was  a  part  ol  Freri<h  Acadie,  for  it  seems  to  have  been 
formed  by  person3  who  escaped  Irom  the  general  seizure  and  transporta- 
tion  of  their  countrymen. 

This  settlement  was  broken  up  in  1783,  and  its  inhabitants  sought  re- 
fuge at  Madawaska;  but  it  cannot  be  pretended  that  this  forced  removal  of 


li 


» 


1  America 
,  extended 
lom  Sandy 


i 


46 


Doc.  No.  31. 


Acadians,  subsequent  to  the  treaty  of  1783,  was  an  extension  of  the  name 
of  their  country.  The  whole  argument  in  favor  of  the  British  claim,  found- 
ed on  the  limits  of  ancient  Acadie,  therefore  fails: 

1st.  Because  of  the  inherent  vagueness  of  the  term,  on  which  no  set- 
tled understanding  was  ever  had,  although  England  held  it  to  be  synony- 
mous with  Nova  Scotia,  and  France  denied  that  it  extended  more  than 
ten  leagues  from  the  Bay  of  Fundy; 

2d.  Because  by  its  original  definition  in  the  grant  to  De  Monts,  it  ex- 
cludes the  whole  disputed  territory  on  the  one  side;  and — 

3d.  Because,  in  its  practical  sense,  as  a  real  settlement,  it  is  wholly  to 
the  east  of  the  meridian  of  the  St.  Croix,  and  this  excludes  the  whole  of 
the  disputed  territory  on  the  other. 

The  portion  of  the  territory  granted  to  the  Duke  of  York,  and  which  is 
now  the  subject  of  dispute,  therefore,  cannot  be  claimed  as  a  part  of  Aca- 
die, as  it  never  fell  within  its  limits  either  by  charter  or  by  occupation. 


.NOTE  VIII. 


i 


EXTRACT  FROM  THE  AWARD  OF  THE  KING  OF  THE  NETHERLANDS. 

"Considering:"  "that  in  1763, 1765, 1773,  and  1782,  it  was  established 
that  Nova  Scotia  should  be  bounded  at  the  north,  as  far  as  the  western 
extremity  of  the  Bay  des  Chaleurs,  by  the  southern  boundary  of  the  pro- 
vince of  Quebec  ;  that  this  delimitation  is  again  found,  with  respect  to  the 
Province  of  Quebec,  in  the  commission  of  the  Governor  General  of  Que- 
bec of  1786,  wherein  the  language  of  the  proclamation  of  1763,  and  of  the 
Quebec  act  of  1774,  has  been  used,  as  also  in  the  commissions  of  1786, 
and  others  of  subsequent  dates  of  the  Governors  of  New  Brunswrck,  with 
respect  to  the  last-mentioned  Province,  as  well  as  in  a  great  number  of 
maps  anterior  and  posterior  to  the  treaty  of  1783  ;  and  that  the  first  article 
of  the  said  treaty  specifies,  by  name,  the  States  whose  independence  is 
acknowledged ;  ... 

But  that  this  mention  does  not  imply  (impHque)  the  entire  co-inci- 
dence  of  the  boundaries  between  the  two  Powers,  as  settled  by  the  fol- 
lowing article,  with  the  ancient  delimitation  of  the  British  Provinces, 
whose*  preservation  is  not  mentioned  in  the  treaty  of  1783,  and  which, 
owing  to  its  continual  changes,  and  the  uncertainty  which  continued  to 
exist  respecting  it,  created  from  time  to  time  diflerences  between  the 
provincial  authorities ;" 


EXTRACT 


NOTE  IX. 

ARTICLE  4tM  of  THE  CONVENTION  OF  1827. 

"  The  map  called  Mitchell's  map,  by  which  the  fraraers  of  the  treaty  of 
1783  are  acknowledged  to  have  regulated  their  joint  and  official  proceed- 
ings,  and  the  map  *  A,'  which  has  been  agreed  on  by  the  contracting 
parties  as  a  delineation  of  the  water  courses,  and  the  boundary  lines  io 


Doc.  No.  31. 


4T 


the  name 
im,found- 

;h  no  set- 
e  synony- 
nore  than 

rits,  it  ex- 

whoUy  to 
J  whole  of 

A  which  is 
rt  of  Aca- 
pation. 


RLANDS. 

jstablished 
le  western 
»f  the  pro- 
pect  to  the 
al  of  Que- 
and  of  th& 
3  of  1786, 
wrck,  with 
number  of 
first  article 
endence  is 

ire  co-inci- 
by  the  fol- 
Provinces, 
md  which, 
mtinued  to 
tween  the 


reference  to  the  said  water  courses,  as  contended  for  by  each  party  re. 
flpectiveiy,  and  which  has  accordingly  been  signed  by  the  above-named 
plenipotentiaries,  at  the  same  time  with  this  convention,  shall  be  annexed 
to  the  statements  of  the  contracting  parties,  and  be  the  only  maps  that  shall 
be  considered  as  evidence,  mutually  acknowledged  by  the  contracting 
parties,  of  the  topography  of  the  country. 

"  It  shall,  however,  be  lawful  for  eiiher  party  to  annex  to  its  respective 
first  statements,  for  the  purpose  of  general  illustration,  any  of  the  maps, 
surveys,  or  topographical  delineations,  which  were  filed  with  the  commis- 
sioners under  the  fifth  article  of  the  treaty  of  Ghent,  any  engraved  map 
heretofore  published,  and  also  a  transcript  of  the  above-mentioned 
n  map  '  A'  or  of  a  section  thereof,  in  which  transcript  each  party  may  lay 
ndotvn  the  highlands  or  other  features  of  the  country  as  it  shall  think  fit  j 
the  water  courses  and  the  boundary  lines  as  claimed  by  each  party  re- 
maining as  laid  down  in  the  said  map  <  A.' 

I  "  But  this  transcript,  as  well  as  all  the  other  maps,  surveys,  or  topo- 
graphical delineations,  other  than  the  map  'A'  and  Mitchell's  map,  in- 
tended to  be  thus  annexed  by  either  party  to  the  respective  statements, 
shall  be  communicated  to  the  other  party,  in  the  same  manner  as  afore- 
said, within  nine  months  after  the  exchange  of  the  ratifications  of  this  con- 
vention, and  shall  be  subject  to  such  objections  and  observations  as  the 

lother  contracting  party  may  deem  it  expedient  to  make  thereto,  and  shall 

lannex  to  his  first  statement,  either  in  the  margin  of  such  transcript,  map  or 

[map.),  or  otherwise." 


le  treaty  of 
al  proceed- 
coatracting 
ary  lines  ia 


NOTE  X. 
EXTRACT    FROM    THE    AWARD    OF    THE    KING    OF    THE    NETHERLANDS. 

"  Considering :  That,  according  to  the  instances  alleged,  the  term  high- 
lands applies  not  only  to  a  hilly  or  elevated  country,  but  also  to  land  which,. 
Without  being  hilly,  divides  waters  flowing  in  different  directions;  and 
pat  thus  the  character,  more  or  less  hilly  and  elevated,  of  the  country 
through  which  are  drawn  the  two  lines  respectively  claimed,  at  the  north 
"ind  at  the  south  of  the  river  St.  John  cannot  form  the  basis  of  a  choice 
between  them ;" 


NOTEXr. 

The  reason  of  the  double  delineation  of  the  Ristigouche,  on  the  map  of 
litchell,  and  several  others  of  ancient  date,  is  obvious.     A  mistake  was 
iiommon  to  them  all  by  which  the  Bay  of  Chaleurs  was  laid  down  too  far  to 

Slhe  north.        The.  main    hranph   or   dranAa    J^nnmUa    nf   Ji i at iirnng,U a      (V^kn- 

»vam  Kedgwick,)  has  been  reached  by  parties  setting  out  from  the  banks 
>f  the  St.  Lawrence  at  Metis,  and  was  known  to  fall  into  the  Bay  ofChal- 
jurs;  while  the  united  stream  had  also  been  visited  by  persons  crossing 
jhe  Wagansis  of  Grand  river  and  descending  the  southwestern  branch, 
he  map-makers  could  not,  in  consequence  of  the  error  in  latitude,  make 


4S 


Doc.  No.  :U 


their  plat  meet,  and  therefore,  considered  the  part  of  the  united  streams 
reached  in  the  twodilFjrent  directions  iis  dilferent  bodies  of  water,  and, 
without  anthorily,  sought  an  outlet  lor  that  uhicli  they  laid  down  as  the 
southerntnost  of  the  two  in  aiir>ther  h  ly  of  tlie  Gulf  of  St.  Lawrence.  On  M 
many  of  the  mi»ps,  however,  the  small  sticanis  which  rnoduin  geographers 
improper 
Chaeodi. 


ly  call  Hiatigouche,  is  readily 


dily  d 


isiinguishable  under  the  name  of 


NOIE  XII. 


In  the  argument  of  the  British  It  has  since  been  maintained  on 
Commissioners  under  Jay's  lieaiy,  the  part  of  Great  Britain  : 
the  following  points  were  maintain- 
ed, aaii,  being  sanctioned  by  the 
decision  of  the  umpire,  became  the 
gr:vin;4s  of  an  award  acceded  to  by 
both  Governments  : 


1st.  That  the  limits  of  Nova  Sco- 
tia had  been  altered  f/om  the  south- 
en)  bank  of  the  St.  l^awrence  to 
the  highlands  described  in  the  treaty 
of  peace. 

"Zd.  That  if  the  river  Schoo  liac 
were  the  true  St.  Cioix,  the  north- 
west angle  of  Nova  Scotia  could  be 
fviruied  by  the  western  and  northern 
boundaries^ — the  meridian  line  and 
the  highlands. 

3d.  That  the  territory  of  Acadic, 
or  Nova  Scotia,  was  the  same  teiri- 
tory  gri-inted  to  Sir  William  Alex- 
ander. 

4th.  That  the  sea  and  Atlantic 
ocean  were  used  as  convertible 
terms. 

5th.  That,  from  the  d.ite  of  the 
treaty  of  Utie>.;ht,  the  boundary 
belw<3en  Massachusetts  and  Nova 
S(!otia  was  that  of  the  patent  to  Sir 
William   Alexander. 

6lh.  That  the  provinces  of  Que- 
bec and  Nova  Scotia  belonged  Vo 
and  were  in  possession  of  Uis  Bri- 
tannic Majesty  in  1783,  and  that  he 
had  an  undoubted  right  to  cede  to 
the- United  States  such  paitof  them 
as  he  might  think  fit. 

ath.  I  hat  Vm:  due  north  line  from 
the  sour,  e  of  the  St.  Cn  ix  must  of 
necessity  cr  »ss  the  St.  John. 


1st.  That  the  limits  of  Nova  Sco- 
tia never  did  extend  to  the  St.  Law- 
rence. 


2d.  That  the  northwest  angle  of 
Nova  Scotia  was  unknown  in  1783. 


3d.  That  Acadie  extended  south 
to  the  46th  degree  of  north  Itti- 
tude,  and  was  not  the  same  with 
Nova  Scotia. 

4th.  That  the  sea  and  the  Atlan- 
tic ocean  were  ditferent  things. 

5th.  That  the  claims  and  rights  of 
Massachusetts  did  not  extend  to  the 
western  bou  ids  of  the  grant  to  Sir 
William   Alexander. 

Gth.  That,  this  being  the  case, 
the  cession  of  territory  not  included 
within  her  limits  is  void. 


7  h.  That  it  could  never  have 
been  intended  that  the  meridian 
line  should  crosd  the  St.  John. 


Doc.  No.  31. 


49 


iiitetl  streams 
if  water,  ami, 

down  as  the 
w  re  nee.     On 

geogtiiphers 
T  the  name  of 


laintained   on 
tain  : 


of  Nova  Soo- 
the St.  Law- 


ivest  angle  of 
own  in  1783. 


ctpnried  south 
f  north  liti- 
e  same   with 


NOTE  XIII. 

It  has  been  pretended  that  the  grant  of  the  fief  of  Madawaska,  in  168S, 
can  be  urged  as  a  bar  to  the  claim  of  Massachusetts.  That  fief,  indeed,  waS 
I  among  the  early  grants  of  the  French  Governors  of  Canada  ;  but  it  is  not 
included  in  the  claim  which  the  French  themselves  set  up.  It  was  there- 
fore  covered  by  the  Massachusetts  charter,  because  the  giant  had  never 
been  acted  upon.  Even  up  to  the  present  day,  this  fief  can  hardly  be  said 
to  be   settled  or  occupied,  except  by  the   retainers  of  the  garrison  of 

,  Fort  Ingall ;  and,  from  all  the  evidence  which  could  be  found  on  the  spot, 
it  appeared  that  no  settlement  had  ever  been  made  upon  it  until  the 
establishment  of  a  post-house,  some  time  between  the  date  of  the  treaties 
of  1783  and  1794.  It  therefore  was  not,  at  the  time  the  charter  of  Mas- 
sachusetts was  granted,  (1691,)  «  actually  possessed  or  inhabited  by  any 
other  Christian  Prince  or  State." 

An  argument  has  also  been  attempted  to  be  drawn  from  the  limits  given 
on  Greenleafs  map  to  a  purchase  made  from  the  State  of  Massachusetts 
by  Watkins  and  Flint.     This  purchase  is,  however,  by  the  patent,  ex- 

'  «r"  n®'*  *°  ^^^  highlands  ;  and  the  surveyors  who  laid  it  out  crossed  the 

;  Walloostook  in  search  of  them.  Hera  they  met,  at  a  short  distance  from 
that  stream,  with  waters  running  to  the  north,  which  they  conceived  to  be 
waters  of  the  St.  Lawrence,  and  they  terminated  their  survey.     The  lines 

j  traced  on  Greenleaf's  map  are  therefore  incorrect,  either  as  compared 
with  the  grant  or  the  actual  survey ;  and  although,  from  a  want  of  knowl- 
edge of  the  country,  the  s>       :ors  stopped  at  waters  runing  into  Lake 

_  1  emiscouata,  instead  of  ih .  .awrence,  the  very  error  shows  the  under- 
standing  they  had  of  the  true  design  of  the  patent ;  and  this  transaction,  so 
far  from  being  an  available  argument  against  the  American  claim,  is  an  act 

I  of  possession  at  an  early  date  within  the  limits  of  the  disputed  territory 


id  the  Atlan- 
it  things. 

i  and  rights  of 

extend  to  the 

grant  to  Sir 


ing  the  case, 
not  included 
d. 


never  have 
he  meridian 
>t.  Juhti. 


5t 


i 


